A federal judge has refused to dismiss a lawsuit filed by three foreign nationals against U.S. Secretary of State Marco Rubio, allowing the case over delayed EB-1A visa applications to proceed in court.The plaintiffs— a metallurgist from Kazakhstan, a project manager from Russia, and a Russian makeup artist — claim the U.S. government has unlawfully delayed processing their visas for more than 16 months. The EB-1A category is reserved for individuals considered to have “extraordinary ability” in their professional fields. Their cases remain in administrative processing under Section 221(g) of the Immigration and Nationality Act, which allows consular officers to temporarily refuse a visa while requesting additional review or documentation.The plaintiffs argue that the lengthy delays have caused serious personal and professional consequences. One applicant, Lyazat Tolymbekova, says she has been separated from her U.S. citizen daughter and missed important family milestones, including her daughter’s college graduation and a medical emergency.
The U.S. government sought to dismiss the case, claiming the court lacked jurisdiction under the doctrine of consular nonreviewability, which typically prevents courts from reviewing visa decisions. However, Magistrate Judge Zia M. Faruqui ruled that a Section 221(g) refusal does not constitute a final decision because applicants are told their cases will be reconsidered once processing is complete.The judge also rejected the government’s sovereign immunity argument, citing the Administrative Procedure Act, which allows lawsuits seeking court orders rather than financial damages.
While the court did not determine whether the delays are unreasonable, the ruling clears the way for further legal proceedings and could ultimately force the State Department to issue final decisions on the pending visa applications.Separately, U.S. President Donald Trump recently described a phone call with Brazilian President Luiz Inácio Lula da Silva as “positive,” as the two leaders discussed trade tensions and potential tariff reductions on Brazilian exports.
