Visa Retrogression And Mandamus Lawsuits

There’s been a lot of talk and justified worry about the August 2023 visa bulletin, especially when it comes to the huge 10+ year step back for folks from India applying under EB-1. Some people are better at guessing how long the actual wait time might be, or suggesting other options for applicants, but here’s my take.

When a visa goes from current to not because of retrogression, we can’t speed up a pending case with a mandamus lawsuit until the petition gets back to current status again. So, if you’re in the clear right now, have been held up for way too long, and you’re stressed about retrogression, don’t just sit around and wait. Get your mandamus lawsuit option vetted by a litigator sooner rather than later.

Waiting around a few more months to avoid suing could end up costing you years in the end.