Mandamus for Employment-Based Green Card Applications: EB1, EB2, EB3 Delays (2025)

Index

• Why Is Getting an Employment Green Card Taking So Long?
• What Is a Mandamus Lawsuit and How It Applies to EB Cases?
• When Is It Time to File a Mandamus for Your EB Visa Delay?
• What Happens After You Filed a Writ of Mandamus and How Often They Are Successful?
• Will Filing a Mandamus Lawsuit Hurt My Case?
• Take Action with a Mandamus Attorney Today

Delays in employment-based immigration cases have become one of the biggest challenges for professionals, investors, and employers in America. If you applied for EB-1 (extraordinary ability), EB-2 (advanced degree professionals) or EB-3 (skilled workers), the waiting period can be much longer than expected. In recent years, USCIS backlogs, visa retrogression and additional scrutiny have caused many employment-based visa cases to remain pending for months or even years.

Of course, these delays can be frustrating. They can affect your plans, business operations and even your ability to bring talented people from other countries to work here. For people applying on their own, long waits can delay starting a job, getting back with their family and making big life decisions in the United States.

In such cases, filing a Mandamus lawsuit in federal court can help speed up the process and compel immigration authorities to take action. This type of federal case is one of the most effective legal tools for moving long-pending petitions forward.

If your EB visa petition has been pending for over a year, complete our Mandamus Case Evaluation Form for a free review.

Why Is Getting an Employment Green Card Taking So Long?

There is a lot of backlogged and slow-moving immigration paperwork at USCIS

The number of employment-based petitions filed each year continues to grow but USCIS hasn't been able to process them as quickly as they're being filed. There aren't enough staff, the computer systems are old, and there are always changing priorities. All of this can cause a lot of backlogged work, even for well-documented applications.

Visa quotas and retrogression are slowing down green card approvals

The annual limit for employment-based green card numbers is set for each category and country of chargeability. People from countries like India and China often have a hard time getting visas because there are more people wanting visas than there are visas available each year. Even after USCIS approval, cases can remain frozen until a visa number becomes available.

Employers are being watched more closely to make sure they are following the rules

Since 2022, USCIS has been reviewing employer eligibility, job offers and prevailing wage compliance more closely. Requests for Evidence (RFEs) and site visits have become more common, which means it takes longer to decide if a person's immigration application is approved or denied. This is especially true for EB-2 and EB-3 applicants.

Security and background checks are also causing long delays

In some cases, other federal agencies may do extra security or background checks. These checks can add months or even years to the process, especially for applicants with prior international travel, certain research fields, or name-similarity issues in government databases.

What Is a Mandamus Lawsuit and How It Applies to EB Cases?

A mandamus lawsuit is a type of legal action that asks a judge to force a government agency, such as USCIS, the Department of State, or the National Visa Center (NVC), to make a decision on a immigration case that has been waiting for a long time. It doesn't guarantee approval but it forces the relevant agencies to act instead of leaving your application stuck in administrative processing.

In the context of employment-based immigration, a Mandamus action can be used when a case has been pending for an unreasonably long time. Many people turn to this legal remedy after waiting 12 to 24 months for updates on their I-140 petition, I-485 green card application or consular processing stage.

A Mandamus for employment-based application tells the court: the government has a legal duty to make a decision and this delay on my immigration case is no longer reasonable. Once the lawsuit is filed, the case is sent to USCIS, DHS, and the Department of Justice. This often results in a faster review and final action.

If you're a professional or employer dealing with long processing times, filing an employment visa Mandamus lawsuit can be a good way to speed up your case. An experienced Mandamus lawyer knows how to use federal law to explain the delay, argue for what the client wants and work with government attorneys to solve the problem. This can often be done within 30-60 days with our office.

When Is It Time to File a Mandamus for Your EB Visa Delay?

The USCIS has a lot of backlogs, and there are visa quotas for employment-based categories, especially EB-1, EB-2, and EB-3. Because of this, there have been long delays. While categories that don't require the long PERM labor certification process (such as EB-1A and EB-2 NIW) usually move faster, cases can still get stuck because of Final Action Date limits listed in the Visa Bulletin.

If your I-140, I-485 or consular stage case has been stuck for over a year and you have not received any response even after requesting help through service requests or congressional and ombudsman inquiries, you may want to consider filing a lawsuit.

People who have been waiting a long time for background checks to finish or for their documents to be processed by the government can also benefit from taking legal action.

After a Mandamus lawsuit is filed, the government usually has 60 days to respond, but many cases move forward much sooner.

At Gozel Law, we have helped applicants nationwide get results in less than two months, sometimes even within weeks, with a success rate of over 95 percent.

Our focus on litigation and experience in federal court have helped professionals, investors and employers across the United States move their long-delayed cases forward.

To learn more about how the Mandamus process works step-by-step, read our detailed guide: How to File a Mandamus Lawsuit for Immigration Delays (2025)

Are you wondering if it’s time to file a Mandamus lawsuit?
Contact us today and let our team review your case to see if legal action can help move it forward.

Get a Free Mandamus Case Evaluation

What Happens After You Filed a Writ of Mandamus and How Often They Are Successful?

Most EB-1, EB-2 and EB-3 Mandamus lawsuits are resolved within 60 days, sometimes even sooner. Typical results include interviews being scheduled, decisions issued or approvals received after long delays.

In our many mandamus cases, the government responds within weeks once the lawsuit is filed.

Work with our experienced Mandamus lawyers who have helped employment-based applicants nationwide achieve faster results. Fill out our quick mandamus eligibility form, it only takes a few minutes and our team will get back to you right away to review your case.

Will Filing a Mandamus Lawsuit Hurt My Case?

No, it won't. Filing a Mandamus lawsuit won't hurt your immigration case. In the United States, federal courts are separate from immigration agencies like USCIS or the Department of State. When you file a lawsuit, you are asking a federal judge to make sure the government is doing its job.  Nothing more.

After the case is filed, you become the petitioner and the government becomes the respondent. The agency must explain the reason for the delay to the judge. This process often makes officers more careful and responsive, not hostile.

A Mandamus lawsuit can help by bringing attention to the issue, making the government accountable, and getting the government to act faster.

Take Action with a Mandamus Attorney Today

If you've been waiting a long time for your employment-based green card, whether for your interview to be scheduled, your case to be approved, or for USCIS to take action, now is the time to take the next step. Every case of employment-based immigration follows a different timeline and not all delays are the same. It's important to have your situation reviewed by an experienced attorney who understands how these green card processes work and when a Mandamus lawsuit can make a real difference. If you simply take action with a writ of mandamus, you can move your case forward and continue with your career, family, and life plans in the United States.

Fill out our Mandamus Case Evaluation Form. Our best immigration attorneys will review your case today. Our offices in New Jersey and Virginia help people across the United States with their immigration goals.