Federal Judge Advances EB-1A Visa Lawsuit Against State Department; Trump and Lula Hold Key Trade Talks
A federal magistrate judge has allowed a high-profile lawsuit to proceed against Secretary of State Marco Rubio, rejecting the government’s bid to dismiss claims of unreasonable delays in processing EB-1A “extraordinary ability” visas. The ruling marks a potential victory for skilled foreign nationals frustrated by prolonged administrative hurdles in U.S. immigration.
In Tolymbekova et al. v. Rubio et al. (D.D.C., filed early 2025), three plaintiffs—a Kazakh metallurgist named Lyazat Tolymbekova, a Russian project manager, and a Russian makeup artist—challenged delays exceeding 16 months on their EB-1A petitions. Their applications were placed in administrative processing under § 221(g) of the Immigration and Nationality Act, a provision that allows consular officers to request more information without issuing a final refusal.
The plaintiffs argued that the extended limbo caused significant personal and professional harm. Tolymbekova, for example, has been separated from her U.S. citizen daughter, missing major life events like a college graduation and unable to provide support during a medical emergency. The others described stalled careers and family plans amid uncertainty.
The government moved to dismiss, citing consular nonreviewability—a doctrine shielding visa decisions from judicial oversight—and sovereign immunity. Magistrate Judge Zia M. Faruqui rejected both arguments in a September 5, 2025, order. He ruled that a § 221(g) notation is not a final decision, as State Department guidance promises re-adjudication once processing concludes. Consular nonreviewability therefore does not apply.
Faruqui also held that the Administrative Procedure Act waives sovereign immunity for claims seeking injunctive relief to compel agency action. He emphasized the State Department’s “clear, nondiscretionary duty” to issue final decisions on properly filed visa applications, citing regulations and the Accardi doctrine requiring agencies to follow their own procedures. The case now advances toward potential merits review, which could result in a court order for prompt decisions.
Separately, U.S.-Brazil relations saw a diplomatic thaw this month. On May 7, 2026, President Donald Trump hosted Brazilian President Luiz Inácio Lula da Silva at the White House for talks lasting over three hours. The meeting focused on trade tariffs, organized crime, critical minerals, and resetting ties strained by prior U.S. measures.
Trump had imposed up to 50% tariffs on key Brazilian exports in 2025, linking them to Brazil’s prosecution of former President Jair Bolsonaro—Trump’s ally—over alleged coup-related activities following the 2022 election. Additional Magnitsky sanctions targeted Brazilian officials, including Supreme Court Justice Alexandre de Moraes.
Both leaders described the Oval Office discussions as positive. Trump called Lula “very dynamic” and noted productive exchanges on tariffs. The sides agreed to form working groups aiming for proposals within 30 days. Lula sought relief from the high duties, which had impacted Brazilian markets and exports. No immediate tariff reductions were announced, but officials expressed optimism for de-escalation.
These stories highlight ongoing tensions in U.S. immigration processing and transactional foreign policy under the current administration. The visa case underscores backlogs for talent-seeking categories, while the Trump-Lula summit illustrates leverage through tariffs in pursuit of broader geopolitical goals.
