A federal judge has denied a motion to dismiss a lawsuit filed by three foreign nationals against U.S. Secretary of State Marco Rubio, allowing the case to move forward. The plaintiffs, who applied for EB-1A visas reserved for individuals with “extraordinary abilities,” claim that the State Department has unreasonably delayed processing their applications. The ruling requires the government to issue a final decision on the long-pending petitions.
The lawsuit, Lyazat Tolymbekova, et al. v. U.S. Secretary of State Marco Rubio, et al., involves three applicants: a Kazakh metallurgist, a Russian project manager, and a Russian makeup artist. Each has been waiting more than 16 months while their EB-1A applications remain in administrative processing under § 221(g) of the Immigration and Nationality Act, which allows consular officers to withhold visas pending additional information.
The plaintiffs allege that the prolonged delays have caused serious personal and professional hardships. Lyazat Tolymbekova has been separated from her U.S. citizen daughter, missing her college graduation and being unable to provide support during a medical emergency. The other plaintiffs cited disruptions to careers and family plans caused by the uncertainty surrounding their applications.
In its motion to dismiss, the government argued that the court lacked jurisdiction under the doctrine of consular nonreviewability, which generally prevents judicial scrutiny of final visa decisions.
