Declarations for Mandamus and APA

EB-5 investors facing excessive processing delay have the option to sue USCIS. They can bring claims under the Administrative Procedures Act, which permits federal courts to compel agency action “unlawfully withheld or unreasonably delayed.” 5 U.S.C. § 706(1), and/or under 28 U.S.C. § 1361, which provides for mandamus: an order to compel the agency to do its duty.

As an EB-5 expert who has been collecting and analyzing USCIS statements and data since 2010, I am able to provide facts that support APA and mandamus actions.

In fighting a mandamus action, USCIS may make a number of factual claims. They may argue that the USCIS Check Case Processing Times page defines normal processing times, that the investor petition is within the expected queue time, that the time USCIS takes to adjudicate petitions is governed by a rule of reason, that USCIS generally relies upon a “first-come” procedure when adjudicating I-526 petitions, and that USCIS has implemented a visa availability approach to allow more timely processing for qualified EB-5 petitioners with visas available.

USCIS claims about normal processing can be countered with reference to information in the public domain, including statements by USCIS and data published by USCIS and obtained from USCIS via Freedom of Information Act (FOIA) requests. As applicable, I can can review the touch time and queue time components of processing times, calculate reasonably-expected queue time for a given petition as a function of USCIS-published data for pending and processed petitions, document USCIS reports of IPO staff increases combined with declining productivity, review public statements about processing resources and procedures, review USCIS processing times page reports while pointing out inconsistencies over time and with external evidence, and array USCIS-published evidence that IPO has neither relied on a first-in-first-out process nor effectively implemented a visa availability approach.

Please contact suzanne@lucidtext.com if you are interested in data or declarations to support mandamus and APA actions.

 

Expert Biography

Suzanne Lazicki is a business writer and EB-5 expert. She provides EB-5 business plans and market reports through her firm Lucid Professional Writing, and is the author of blog.lucidtext.com, a leading source of EB-5 news and analysis for the EB-5 industry since 2010.

Over the past decade, Suzanne has written hundreds of EB-5 business plans and market reports, and gained intimate familiarity with the law, policy, and industry around immigrant investment. Services offered by Lucid Professional Writing include EB-5 business plans for I-526 petitions, EB-5 business plan updates and RFE response, EB-5 consulting, E-2 business plans, reports and presentations for developers and realtors, and retail site analysis.

Suzanne holds a BA in English and an MBA. She is a recognized EB-5 expert, with articles featured in the third and fourth editions of Immigration Options for Investors & Entrepreneurs published by the American Immigration Lawyers Association. Suzanne has been recognized by EB-5 Investors Magazine as one of the top business plan writers in the country every year since 2016, as selected by industry-wide vote.