When should I file a mandamus for an EB-5 investment in an HUA project as an Indian investor? My priority date is Jan 5, 2026. I’m aware that it is very early right now. Assuming that there’s a delay on the USCIS side, when is it realistic to file WOM?
Answers
Hallie Schechter
EB-5 Immigration attorneysA writ of mandamus should be used only when a petition has truly been pending for an unreasonable period of time. Due to the significant increase in mandamus filings, the government has recently begun actively defending against these cases rather than allowing them to proceed to resolution. As a result, motions to dismiss have become much more common. In these motions to dismiss, the government argues that unreasonableness should be based on the posted average processing time–as of April 2026, USCIS states that 80%
of I-526E petitions are adjudicated within 29.5 months. Given the current climate, a mandamus for a HUA I-526E should not be considered until the petition has been pending for at least 18 to 24 months.
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