UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA _________________________________________ ) ARTHUR SHARIFULLIN, ) ) Plaintiff, ) ) v. ) Case No. 21-cv-728 (APM) ) ANTONY BLINKEN et al., ) ) Defendants. ) _________________________________________ ) MEMORANDUM OPINION I. The so-called “EB-5” program authorizes visas for immigrants who contribute to “employment creation” in the United States by investing in new commercial enterprises. 8 U.S.C. § 1153(b)(5); 8 C.F.R. § 204.6. To qualify for a visa under this program, an applicant must invest a certain amount of capital (at least $1,000,000 generally or at least $500,000 into a “targeted employment area”) into the new commercial enterprise, which must create full-time employment for “not fewer than 10 United States citizens or aliens lawfully admitted for permanent residence or other immigrants lawfully authorized to be employed in the United States (other than the immigrant and the immigrant’s spouse, sons, or daughters).” 8 U.S.C. § 1153(b)(5)(A)(ii). Once the applicant has invested the requisite funds, she must file a Form I-526 (Petition for Alien Investor) with U.S. Citizenship and Immigration Services (“USCIS”). Id. § 1153(b)(5); 8 C.F.R. § 204.6. Once USCIS approves the petition, the next step for an applicant residing outside the United States is to acquire lawful permanent residence by submitting a Form DS-260 (Immigrant Visa Electronic Application) with the State Department’s visa-processing center. Immigrant Investor Visas, TRAVEL.STATE.GOV, https://travel.state.gov/content/travel/en/us-visas/immigrate /immigrant-investor-visas.html (last visited Feb. 23, 2022). After that, the State Department eventually schedules a visa appointment for the applicant and forwards the case to the appropriate U.S. Embassy or Consulate for an interview. Id. If the applicant is approved, she is issued an immigrant visa and may immigrate to the United States. Id. Plaintiff Artur Sharifullin, a Russian citizen and national who wishes to immigrate to the United States, seeks to compel adjudication of his visa application pursuant to the EB-5 program. First Am. Compl., ECF No. 9 [hereinafter Am. Compl.], ¶ 1. He alleges that he filed an immigrant investor visa petition in August 2015; that USCIS approved his petition and forwarded his case to the State Department for processing in November 2016; and that the State Department opened his immigrant visa case in March 2017. Id. ¶¶ 23–25. He then completed his Form DS-260 and submitted the required paperwork, and in November 2019 he was notified that the State Department had scheduled his case for an interview the following month at the U.S. Embassy in Moscow. Id. ¶¶ 26–27. He alleges that, following his interview, the State Department did not render a decision on his application but instead placed him in “administrative processing,” and that his application has effectively remained in that state ever since. Id. ¶¶ 29–44. Plaintiff filed this action in March 2021, bringing a claim under the Mandamus Act, 28 U.S.C. § 1361; an unreasonable-delay claim under the Administrative Procedure Act (“APA”); and a claim for fees under the Equal Access to Justice Act (“EAJA”), 5 U.S.C. § 504; 28 U.S.C. § 2412. Compl., ECF No. 1, ¶¶ 28–41. Three …
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