Delays in employment-based immigration cases — especially in the EB-1, EB-2, and EB-3 categories — create serious disruptions for both employers and foreign professionals. These delays can derail career plans, prevent businesses from hiring key talent, and jeopardize lawful status in the United States. When such delays become unreasonable, a Mandamus lawsuit can compel the government to act and move your case forward.

Employment-Based Visa Categories Explained

Before considering a Mandamus lawsuit, it is essential to understand the three employment-based categories most often affected by delays:

• EB-1 (First Preference): For individuals with extraordinary ability, outstanding professors and researchers, and multinational executives or managers. This is the fastest of the employment-based categories but still susceptible to delays.
• EB-2 (Second Preference): For professionals with advanced degrees or exceptional ability. This category generally requires a labor certification (PERM), making the process more complex and prone to procedural slowdowns.
• EB-3 (Third Preference): For skilled workers, professionals, and other workers. EB-3 has the highest volume of applications, leading to backlogs and long processing times.

Common Causes of Employment-Based Visa Delays 

Employment-based cases frequently encounter delays for several reasons:

• Background and Security Checks: Comprehensive background screening by agencies such as USCIS and DHS can take months or years, particularly for applicants from certain countries.
• Administrative Processing: Additional review after interviews or document submissions can significantly extend processing times, especially when inter-agency checks are involved.
• High Application Volume: Large annual filing numbers create persistent backlogs. Older applications often receive less priority, compounding delays for long-pending cases.

When to File a Mandamus Lawsuit for EB-1, EB-2, or EB-3 Delays

A Mandamus lawsuit becomes appropriate when the delay in adjudicating your employment-based petition is unreasonable. While no statute defines a precise timeline, most applicants consider Mandamus when:

• The case has been pending more than 12–24 months without meaningful updates.
• The case remains in administrative processing for an extended period.
• Security checks or procedural issues have delayed adjudication indefinitely.
• The visa bulletin is current, but USCIS has taken no action.

Consulting an experienced immigration lawyer is critical before filing to confirm that the delay meets the legal threshold of “unreasonable.”

How a Mandamus Lawsuit Works

Filing a Mandamus lawsuit involves several key steps:

1. Initial Case Review: A lawyer evaluates whether the delay is unreasonable and compiles documentation such as USCIS receipts, correspondence, and proof of extended inactivity.
2. Filing the Lawsuit: The complaint is filed in federal court against the relevant agencies — typically USCIS, DHS, and in some cases, the Department of State — compelling them to act.
3. Government Response: The government must respond, generally within 60 days. It may process the case, resolve the delay, or argue that the delay is reasonable.
4. Court Proceedings (If Necessary): If contested, a federal judge decides whether the delay is unreasonable. Agencies often act before the case reaches this stage to avoid litigation.

Benefits of Filing a Mandamus Lawsuit

• Forces Government Action: Compels agencies to adjudicate your application, ending prolonged inaction.
• High Success Rate: Agencies frequently resolve delayed cases rather than litigate, leading to faster outcomes.
• Timely Results: Most cases see progress within weeks of filing, including interviews, decisions, or status updates.

Risks of Filing a Mandamus Lawsuit

• Legal Fees: Filing requires hiring a lawyer, which involves legal costs. Many law firms offer flat-fee pricing to reduce financial uncertainty.
• No Guarantee of Approval: Mandamus compels the agency to act but does not influence the ultimate decision on your case.
• Potential Government Challenge: In rare instances, the government contests the lawsuit, resulting in additional litigation.

Conclusion

A Mandamus lawsuit is one of the most effective legal tools available to resolve prolonged delays in EB-1, EB-2, and EB-3 applications. By filing in federal court, you can compel USCIS and other government agencies to take timely action and ensure your case is no longer ignored. While it does not guarantee approval, it restores momentum to your immigration process and provides clarity on the next steps.

If your employment-based petition has been delayed for months or years with no resolution, contact Immigrant Lawyer at +1 (972) 333 2121 for a free case evaluation. Our experienced immigration lawyers focus on Mandamus litigation and can help move your case forward.