TOP LITIGATION AT TORNEYS
JONATHAN D. WASDEN
WASDEN BANIAS IMMIGRATION LITIGATION
Jonathan D. Wasde n is an
administrative procedures act
(APA) litigation attorney, focusing
on business immigration issues.
His practice combines expertise
in the Immigration and Nationality Act, Administrative Procedures
Act, Separation of Powers Doctrine, and Federal Rules of Civil
Procedure. He began his legal career as a trial attorney in the U.S.
Air Force. He then joined the U.S. Department of Justice, where
he defended immigration regulations and decisions under the
APA. His last position in government was with the Administrative
Appeals Office, focusing on consultation and litigation on
employment-based legal issues. Wasden now works in private
practice, consulting with clients on strategies to overcome
immigration denials and appealing cases in federal court under
the APA.
WHAT TRENDS ARE YOU SEEING WHEN
IT COMES TO EB-5 LITIGATION? ANY
IMPACT FROM THE NEW
REGULATIONS?
individual petition denials and delays of adjudications. The
recent policy memo that changes the way the agency processes
the Form I-526 will drive both facial and individual attacks in
court. The agency failed to consider the impact of redeployment
of funds when crafting this new rule, which makes it vulnerable
in court. In the short term, individual investors will need to
challenge the agency in court to contest the delays caused by
this memo.
WHAT HAVE BEEN YOUR MOST
IMPACTFUL LITIGATION CASES,
AND WHY?
USCIS is trying to damage legal immigration by delaying the
processing of applications. This inexplicable increase in
processing times has led to my partner, Brad Banias, and I to
challenging more than 50 EB-5 delays in the past three months
alone. The agency has typically sought to settle these cases by
adjudicating the petitions, usually faster than 60 days. Clients
are getting their approvals several years faster than published
wait times. I expect the delays to continue, and that clients’ only
real option is to fight in court.
There will undoubtedly be both facial challenges to agency
policy and regulations as well as an increase in litigation on
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