UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA RADEEP VARMA ADDALA, et al., Plaintiffs, Vv. Case No. 1:20-cv-2460-RCL TRACY RENAUD, in her official capacity as senior official performing the duties of Director, U.S. Citizenship and Immigration Services, Defendant. MEMORANDUM OPINION Plaintiffs Radeep Varma Addala, Sudheer Chowdary Kovi, and Peddabbayi Battini applied to U.S. Citizenship and Immigration Services (USCIS) for immigrant visas set aside for immigrant investors under the EB-5 program. Two of the plaintiffs applied in December 2018; the final plaintiff applied in April 2019. The agency has not yet taken any action on those applications. So, the plaintiffs sued, seeking an order declaring the agency’s delay unreasonable and compelling prompt adjudication of their applications. The agency moves to dismiss the complaint (ECF No. 7). It argues that the plaintiffs cannot establish unreasonable delay 7 a matter of law. But because there is no administrative record in this case, the Court lacks an adequate basis to rule on the reasonableness of the delay. Rather, the Court determines that this dispute would be better resolved following discovery. That determination also resolves the other two pending motions: the agency’s motion for relief from Local Rule 7(m) (ECF No. 8), and the plaintiffs’ motion for expedited discovery (ECF No. 11). ' On January 20, 2021, Tracy Renaud replaced Kenneth T. Cuccinelli, II as the temporary head of USCIS and was automatically substituted as the defendant. See Fed. R. Civ. P. 25(d). Upon consideration of the complaint (ECF No. 1), motions, and briefs (ECF Nos. 7-1, 9, 10, 11-1, 12, 13, 14, 15), the Court will DENY the motion to dismiss, GRANT the motion for relief from Local Civil Rule 7(n), and DENY as moot the motion to expedite discovery by separate order. I. BACKGROUND A. EB-5 Visa Program The EB-5 Immigrant Investor Program provides visas to “qualified immigrants” who invest in a new commercial enterprise that creates at least ten full-time jobs. 8 U.S.C. § 1153(b)(5)(A). When the plaintiffs made their investments, they were required to invest at least $1,000,000, unless they invested in a “targeted employment area,” which required only a $500,000 investment. Jd. at § 1153(b)(5)(C); see also 84 Fed. Reg. 35,750, 35,808 (July 24, 2019) (prospectively increasing minimum investment thresholds). A qualified immigrant may meet the requirements for an EB-5 visa by investing in an approved regional center. See 8 C.F.R. § 204.6(m). Regional centers incentivize targeted investment in certain economic units. Before an immigrant investor may participate in a regional center, the agency must first approve a regional center designation. See id. at § 204.6(m)(4), (7). Once the agency classifies an economic unit as a regional center, it allows participants in the regional center to demonstrate that their investments will create jobs indirectly. See id. at § 204.6(j)(4)(iii), (m)(7) (ii). The agency relies on its approval of the regional center in evaluating EB-S5 visa applications from regional center investors. USCIS, 6 Policy Manual, pt. G, ch. 4, § A. After making the requisite investment, an investor may petition ...
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