A federal judge has allowed a lawsuit brought by three foreign nationals to move forward against U.S. Secretary of State Marco Rubio, challenging lengthy delays in the processing of their EB-1A visa applications. The plaintiffs, professionals from Kazakhstan and Russia, argue that their petitions have been stalled in administrative processing for over 16 months without a final decision.
The EB-1A visa is designed for individuals with exceptional ability in fields such as science, business, or the arts. The plaintiffs’ cases were placed under Section 221(g) of the Immigration and Nationality Act, which allows temporary visa refusals while additional administrative steps are taken. The lawsuit seeks a court order requiring the government to make a final determination on the applications.
The delays have caused significant hardship for the plaintiffs. One applicant, a metallurgist from Kazakhstan, says she has been separated from her daughter, a U.S. citizen, for nearly two years. The other two plaintiffs say the uncertainty has disrupted their personal and professional lives, causing emotional and financial strain.
The U.S. government attempted to dismiss the case, citing consular nonreviewability and sovereign immunity. These doctrines usually protect the government from legal challenges related to visa decisions. However, Magistrate Judge Zia M. Faruqui ruled that these doctrines do not apply because the plaintiffs have not yet received final decisions on their cases.
Judge Faruqui cited the Administrative Procedure Act, which allows courts to compel federal agencies to act when they fail to fulfill clear legal duties. He also invoked the Accardi doctrine, which requires agencies to follow their own rules and procedures. The court found the delays potentially unlawful and emphasized that indefinite inaction is not permissible.
The case now moves forward, potentially setting a precedent for others facing similar visa processing delays. The court will next determine whether the delays are legally unreasonable under federal law.
