Sivakumar BAKTHAVACHALAM v. U.S. Citizenship and Immigration Services

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MARYLAND

ATREYI CHAKRABARTI, et al., * * Plaintiffs, * * v. * * Civil No. 21-1945 PJM

UNITED STATES CITIZENSHIP AND *

IMMIGRATION SERVICES, et al., * * Defendants. * *

MEMORANDUM OPINION

United States immigration law provides foreign nationals with opportunities to lawfully live and work in the United States, including through employment-based immigrant visas. Through these visas, foreign nationals can become lawful permanent residents of the country. On August 13, 2021, Plaintiffs, 196 Indian and Chinese nationals, filed an Amended Complaint against the U.S. Citizen and Immigration Services (“USCIS”) and its Director, Ur Jaddou, alleging unreasonable delay in the adjudication of their employment-based visa applications. See Am. Compl., ECF No. 11. Plaintiffs seek a preliminary injunction that would require USCIS to adjudicate all their applications by September 30, 2021—the end of USCIS’s fiscal year—or, alternatively, an order that would require USCIS to hold all unissued employment-based visas over to the 2022 fiscal…