Magistrate Judge Zia M. Faruqui rejected the government’s arguments, emphasizing that a § 221(g) refusal does not constitute a final decision. According to the State Department’s own guidance, applications under § 221(g) are expected to be re-adjudicated once processing is complete. The judge also dismissed the government’s sovereign immunity claim, noting that the Administrative Procedure Act allows injunctive relief in cases seeking final agency action rather than monetary damages.
Faruqui highlighted the State Department’s “clear, nondiscretionary duty” to issue or deny visas once applications are properly filed. Citing internal regulations and the Accardi doctrine, which requires federal agencies to follow their own procedures, the judge determined that the department has failed to fulfill this obligation.
While the judge did not rule on whether the delays are “unreasonable,” the decision allows the lawsuit to proceed, opening the possibility that a court could compel the State Department to issue a final decision on the pending EB-1A applications.
The ruling comes amid broader diplomatic activity, including a recent call between former President Donald Trump and Brazilian President Luiz Inácio Lula da Silva. During the 30-minute call, Lula requested the removal of high U.S. tariffs on Brazilian exports and eased restrictions on local governments. The conversation was described as cordial, with plans to meet in person at the ASEAN Summit in Malaysia or in the United States.
Brazilian officials and markets have been closely monitoring discussions over the tariffs, which reached up to 50% on key exports under Trump’s administration. The call also followed U.S. sanctions targeting Brazilian officials under the Magnitsky Act, related to the prosecution of former President Jair Bolsonaro. Lula emphasized that Brazil’s institutions and economy should not face arbitrary restrictions, highlighting the importance of dialogue with U.S. leadership.
