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March 6 2024

Update On Mandamus Actions

Mandamus Actions

We continue to file mandamus actions in court for a resolution of EB-5 investor visas – both I-526 and I-829 applications. While some cases take longer, recently upon filing a mandamus action, USCIS has granted these applications:

  • New York – I-829: 17 days
  • San Francisco – I-829: 18 days
  • San Jose – I-829: 19 days
  • Seattle – I-829: 75 days
  • San Jose – I-526: 18 days

A mandamus action is to compel a decision that is unnecessarily delayed.

E-2 Treaty Investor Visas

French E-2 visas may now be issued for up to 48 months. They used to be valid for 5 years – recently shortened – and now 48 months.

EB-5 Filing Fees

USCIS has issued notice of their filing fee increases. Starting April 1, 2024, I-526 filing fee will be $11,160 and the I-829 filing fee $9,525.

Two law suits are being filed challenging these fee increases. We will see if a court will temporarily or permanently stop the fee increases for EB-5 cases. The rationale is that the government did not complete the proper analysis to justify such high fees.

H-1B Cap Season Starts

All H-1B (work visas for professionals) lottery applications for Fiscal Year 2025 (starting October 1, 2024) need to be filed between Noon (Eastern) on March 6 and Noon (Eastern) on March 22. 

The USCIS has new rules and procedures to stop inappropriate multiple applications submitted by some in past years, so there may be fewer applications this year.