If the Service Center takes too long, can I file a mandamus lawsuit for my EB-2 NIW?

Yes, in cases of excessive delay in the review of your EB-2 NIW, a judicial mandamus is one of the legal tools available. It is a court action that asks a judge to compel the government to fulfill its duty to decide the case, that is, to move forward with a petition that has stalled at the Service Center.

It is important to understand what a mandamus does and what it does not do. It can compel the agency to review and decide the petition, but it does not force an approval or guarantee a favorable outcome: the merits continue to be evaluated by USCIS according to the EB-2 NIW criteria.

Before considering this path, a few points deserve attention:

• Confirm whether the delay truly exceeds what is reasonable for that type of case.
• Check whether there is an official explanation for the delay (request for additional evidence, ongoing verification).
• Weigh the complexity of the process and the risks of pursuing court action.

Because it involves a court decision and legal strategy, the mandamus must be evaluated case by case. Monitor the progress through official channels and, before acting, verify the current status and consult an immigration attorney to determine whether the measure is warranted.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.