Why Investors With Stuck Urban I-526E Petitions Should Consider Mandamus Litigation

For investors, the EB-5 process often begins with the I-526E petition, and it is critical because it establishes your eligibility and starts the journey toward a Green Card. But recently, investors who filed I-526E petitions for urban projects have experienced their applications being stuck. As such, they are looking for ways to move their application forward.

In this situation, one option urban EB-5 investors sometimes consider is filing a mandamus lawsuit. This litigation is not about jumping ahead of other applicants. Instead, it is a legal tool designed to hold USCIS accountable and require the agency to make a decision when unreasonable delays occur.

In this article, we will explain why urban I-526E petitions face delays, what the timeline looks like for these cases, and how mandamus litigation might help.

The Widening Gap Between Rural and Urban I-526E Processing

Data from February 1, 2023, to January 31, 2025, shows how USCIS has been processing I-526E petitions under the Reform and Integrity Act (RIA). Within these 24 months, USCIS approved about 967 rural petitions out of 4,095 filed, which is around 24%. For urban filings, only 74 out of 4,521 were approved, amounting to about 1.6%. This means rural petitions were processed more than 13 times as often as urban ones, showing how much priority USCIS gives to rural cases.

The pattern existed even before February 2023. From April 1, 2022, to January 31, 2025, USCIS approved 1,126 rural petitions but only 361 urban ones, even though there were about 20% more urban filings. Interestingly, after USCIS and the EB-5 market adjusted to the RIA’s set-aside rules, the gap grew even wider.

Since February 2023, rural petition approvals have risen month by month, while urban approvals have slowed almost to a stop. This situation has left urban investors in a stalled queue, while rural petitions move forward at a much faster pace. For new EB-5 investors, the lesson is clear: rural EB-5 investment petitions now have a strong chance of being approved within a year, while urban petitions are likely to face long delays with no clear timeline.

Comparing Rural and Urban I-526E Processing Timeline

Rural I-526E petitions now follow a clear timeline. Most are decided in less than 12 months, and many approvals come within eight to ten months. One EB5AN investor even received approval in only 6.5 months. This range is shown both in USCIS data through January 2025 and in EB5AN’s own approval records.

For urban petitions, no such pattern exists. Since February 1, 2023, the urban queue has stayed frozen. Out of 4,521 urban filings, only 74 have been decided. With numbers this low, there is no way to predict how long an urban investor might wait.

Unless USCIS shifts resources, adds staff, or issues new policy guidance, urban petitioners face long delays. Their wait could extend far past the one year or less now common for rural investors. Interestingly, these delays are not the result of higher urban demand. In fact, urban filings have gone down as more investors choose rural projects. Instead, USCIS has simply moved resources away from urban cases.

In short, without major changes or legal action such as mandamus litigation, urban investors should expect their petitions to remain stuck for an indefinite period of time.

How Processing Delays Affect Different Investors

The impact of the stalled urban queue depends on whether you already live in the United States. If you are already in the U.S., you can file for adjustment of status, employment authorization (EAD), and advance parole (AP) at the same time as your I-526E. With these approvals, you can live and work in the U.S. and travel abroad while waiting for your petition. In this case, the delay mainly affects when you will receive your Green Card. Since your EAD and AP give you legal status and freedom to work or travel, the slow pace of I-526E adjudications has less effect on your day-to-day life.

If you live outside the U.S., the situation is different. Without an approved I-526E, you cannot start consular processing or secure your Green Card. This means you cannot move to the U.S. to live and work. As the urban queue grows longer, the wait for a visa appointment also grows. For investors planning to relocate quickly to begin work, business, or family life, this slow process can create major setbacks.

Even though formal visa retrogression has not been announced yet for the urban category, the delay is still significant. Whether this delay is acceptable depends on your goals and situation. Investors already in the U.S. on another visa, like H-1B or F-1, may be able to tolerate the long wait since adjustment of status offers work and travel options. But for investors who want their Green Cards as soon as possible, the stalled queue can be a major barrier. In those cases, strategies like mandamus litigation may become necessary.

Can a Mandamus Lawsuit Help Speed Up the Process?

Not necessarily. A writ of mandamus is a federal lawsuit that asks a court to order USCIS to act on a petition that has been unreasonably delayed. So, when an investor faces harm because of inaction, a court can require USCIS to make a decision. For many urban I-526E investors stuck in long queues, mandamus litigation can feel like the only way forward.

The process usually starts with an attorney sending USCIS a notice of intent to sue. This “pre-suit” letter often prompts USCIS to act, especially if the petition has waited far beyond the agency’s published processing times. If no action follows, the attorney files the lawsuit in a U.S. district court.

In reality, most cases do not go to trial. Instead, USCIS often settles by adjudicating the petition before a judge rules.

It is important to note that mandamus does not guarantee approval; it only forces USCIS to act. The outcome may be an approval, a denial, or the issuance of a request for evidence (RFE) or a notice of intent to deny (NOID). Even so, the investor gains clarity and a clear path forward.

On the positive side, a mandamus may speed up cases for investors abroad who need timely entry into the United States. It can also trigger an RFE that narrows the issues in question. However, on the negative side, a mandamus carries legal costs and the risk of a faster denial if the petition has weaknesses.

For families with children nearing 21, it may also start the age-out clock earlier than expected. Similarly, investors from backlogged countries may see little benefit if visas are not available even after approval. Because of these trade-offs, each investor must carefully weigh whether mandamus litigation fits their immigration goals and risk tolerance.

Is Mandamus Action the Best for You?

If your urban I-526E petition feels stuck, you are not alone because many investors face the same challenge under the new rural priority rules. In this environment, mandamus litigation may serve as a valuable tool to move your case forward. However, it is not the right option for every investor, which is why you should first consult with EB-5 professionals before filing your mandamus litigation.

At EB5AN, we work with each investor to provide guidance and help them make informed decisions at every step of their EB-5 immigration journey. Our experienced EB-5 professionals have helped over 2,700 families secure their Green Card and their investment, and we can do the same for you.

Book a free call with us today to protect both your investment and your family’s future.