Canadian Investor Proceeds With Suit Over Delayed EB-5 Petition

A Canadian investor’s lawsuit over a delay in processing his EB-5 visa petition will move forward after a federal district judge in New York determined that certain facts still need to be ironed out.

Judge John G. Koeltl of the US District Court for the Southern District of New York ruled Tuesday that Joshua Lyons’ lawsuit over his delayed petition could proceed based on alleged violations of the Administrative Procedure Act. However, he granted US Citizenship and Immigration Services’ motion to dismiss Lyons’ bid for declaratory relief.

An analysis of several factors under the APA “reveals various factual disputes regarding ...