Federal Judge Advances EB-1A Visa Lawsuit Against State Department; Trump and Lula Hold Key Trade Talks
A federal magistrate judge has allowed a significant lawsuit challenging prolonged delays in EB-1A “extraordinary ability” visa processing to move forward, rejecting the State Department’s motion to dismiss. The ruling represents a potential breakthrough for highly skilled foreign professionals facing extended administrative backlogs in the U.S. immigration system.
In the case Tolymbekova et al. v. Rubio et al., filed in early 2025 in the U.S. District Court for the District of Columbia, three plaintiffs—a Kazakh metallurgist, a Russian project manager, and a Russian makeup artist—contend that their EB-1A petitions have been stalled for over 16 months in administrative processing under INA § 221(g). This provision permits consular officers to request additional information without issuing a final visa decision.
The plaintiffs argue the delays have caused severe personal and professional harm. Lyazat Tolymbekova, the Kazakh metallurgist, has been separated from her U.S. citizen daughter, missing key events such as a college graduation and unable to support her during a medical crisis. The other applicants report stalled careers and disrupted family plans due to prolonged uncertainty.
On September 5, 2025, Magistrate Judge Zia M. Faruqui denied the government’s dismissal request. He ruled that placement in administrative processing does not constitute a final decision, meaning the doctrine of consular nonreviewability does not apply. The judge further determined that the Administrative Procedure Act waives sovereign immunity for claims seeking to compel agency action. Citing the State Department’s nondiscretionary duty to adjudicate properly filed visa applications, the case will now proceed toward a potential merits decision that could mandate timely resolutions.
In a separate development, U.S.-Brazil relations showed signs of improvement on May 7, 2026, when President Donald Trump hosted Brazilian President Luiz Inácio Lula da Silva at the White House for more than three hours of talks. The discussions focused on reducing trade tariffs, combating organized crime, securing critical minerals, and repairing ties strained by previous U.S. actions.
Trump had previously imposed tariffs of up to 50% on major Brazilian exports in 2025, partly in response to Brazil’s legal actions against former President Jair Bolsonaro. Both leaders described the meeting as productive, agreeing to establish working groups with a 30-day deadline for proposals. While no immediate tariff relief was announced, officials expressed optimism for de-escalation.
These developments underscore persistent challenges in U.S. immigration processing for top global talent and the transactional nature of the current administration’s foreign policy approach.
