He has Juris Doctorate degree from the University of Pennsylvania Law School and was awarded a post-graduate Fellowship from the University of Pennsylvania law school.

The EB-5 Immigrant Investor Visa program is in a state of flux. The future of the program ­ of which Indians became the largest applicant group before the pandemic ­ is to be debated in Congress soon. Things still looks promising, but for those who want to mitigate the temporary uncertainty, filing a Writ of Mandamus could help.

The EB-5 Investor Visa Regional Center program faces reauthorization in Congress before it expires in June this year. There is a strong chance it will be reauthorized because it brings in millions of dollars in investment and creates hundreds of thousands of jobs at no cost to the American taxpayer. This is especially important as the US emerges from the economic turmoil of the past year.

Yet there is always a chance that it would not be renewed, and the EB-5 Regional Center program would end in June. This leaves new and existing EB-5 investors facing a short period of uncertainty.

Existing EB-5 Clients
For anyone who has already applied for EB-5 but is still waiting for a decision from the United States Citizenship & Immigration Services (USCIS), a writ of mandamus help mitigate some of the risks.

It always takes a little time for the USCIS to get around to reviewing an EB-5 application (officially known as Form I-526). In fact, applicants can expect to wait over a year for a decision, but despite this, EB-5 remains one of the fastest routes to a Green Card.

However, if that wait goes on too long, it may be possible to argue that your application has been unreasonably delayed. If this is the case, then an applicant could file a complaint against USCIS by asking a federal court to issue a Writ of Mandamus to order USCIS to adjudicate.

While there is no fixed amount of time an applicant should wait before claiming unreasonable delay, typically people do not resort to this course of action until their application has been pending for at least two years. But the reauthorization changes things and given the uncertainty, it could be appropriate to try to press USCIS into acting sooner.

A good Regional Center will work to ensure compliance with the EB-5 regulations, for example the requirement to create ten American jobs per investor

Writ of Mandamus Steps
In many cases, a Writ of Mandamus does not actually lead to time in court. Sometimes simply initiating proceedings can galvanize action. USCIS has been known to review an application in order to prevent the lawsuit from progressing.

Before resorting to a Writ of Mandamus, an applicant should demonstrate that they have exhausted every other possible avenue. This includes writing to the USCIS ombudsman and to a relevant Senator or Member of Congress. This could be your local representative if you are already in the US or the representative of the district or state in which your EB-5 project is located. Only once these routes are exhausted and if your application is still pending, you should consider a Writ of Mandamus.

Some clients worry that filing a writ of mandamus will adversely impact their case. This is incorrect, a Writ of Mandamus will have no bearing on whether or not your I-526 application is successfully approved.

What is EB-5?
The EB-5 Immigrant Investor Visa Program offers a Green Card (US permanent residency) in exchange for a minimum $900,000 investment. The applicant's spouse and children under the age of 21 can be included in a single investment. Many Indian EB-5 applicants are motivated to apply to secure education and postgraduate employment advantages for their children.

While it is possible to make and manage the EB-5 investment yourself, more than 90% of investors opt to invest in the Regional Center route. It is specifically the EB-5 Regional Center program that is up for reauthorization before the end of June.

A good Regional Center will work to ensure compliance with the EB-5 regulations, for example the requirement to create ten American jobs per investor. It is important to conduct due diligence on both the Regional Center and the investment project to minimize risks to either your Green Cards or to getting your capital returned.

The EB-5 market in India grew rapidly from relatively low numbers in 2016 to become the largest applicant country in the world by 2019. There are just over 700 EB-5 visas available to each country each year.