L-1 Visa Stuck in Admin Processing? Court Says It Can't Help

Rui Du's case started with a promising sign. After his visa interview and passport submission, the U.S. Embassy in Singapore told him in April 2025 that his L-1 visa (a visa that lets a company transfer a manager, executive, or specialized-knowledge employee to its U.S. office) was in "approved status, pending a final security clearance." Days later, the status flipped to "refused" — and the Embassy told him his case had been placed in what is called Section 221(g) administrative processing, with a typical wait of two to eight weeks. Months passed. No decision came.

Du reached out to the offices of Representative Jerrold Nadler and Senator Charles Schumer. Both sent formal inquiries to the Embassy. The Embassy replied only that the application was under administrative review — and said nothing more. Du then sued the Attorney General, the Secretary of State, the Secretary of Homeland Security, and several State Department officials, asking a federal court to order the government to act. He argued the delay was unreasonable under the Mandamus Act and the Administrative Procedure Act (APA), the law that allows courts to force a federal agency to take action it has unlawfully withheld.

Judge Sparkle L. Sooknanan of the U.S. District Court for the District of Columbia dismissed the case in November 2026. The court applied a six-part legal test — known as the TRAC factors — used in this circuit to measure whether an agency delay is unreasonable. On the most important factor, the court found that Du's delay did not clear the bar. Courts in the D.C. district routinely treat delays of three to five years as reasonable, and generally call delays "unreasonable" only beyond five years. Du's application had been pending for less than a year when he filed suit. The court also dismissed his claims against the Homeland Security and Justice Department officials entirely, finding that those agencies play no role in visa adjudication and could not fix his problem even if ordered to.

What this means for visa applicants stuck in admin processing

This ruling follows a pattern in the D.C. federal courts. Judges in similar cases — including Hussain v. Baker, Sadiq v. Rubio, and Motevali v. Rubio — have consistently held that administrative processing delays under one to two years are unlikely to survive a motion to dismiss. The 180-day processing goal written into federal law (8 U.S.C. § 1571) is treated by courts as aspirational, not a binding deadline. That means missing it does not automatically give you a winning lawsuit.

What to do

• If your visa is in administrative processing, document every communication from the Embassy — dates, exact wording, and any reference to Section 221(g). This record matters if you eventually file suit.
• Ask your congressional representative and senators to send an inquiry to the Embassy. It may not speed things up, but it creates an official paper trail that courts look at.
• Do not sue too early. Based on current D.C. court rulings, lawsuits filed before three or more years of delay are very likely to be dismissed. Talk to an immigration lawyer before filing to assess your specific timeline.
• If your L-1 visa is denied outright (not just delayed), your employer may be able to refile the petition or explore alternative visa categories — consult an immigration attorney about your options.

A full breakdown of this topic — in our guide “Immigration Court Rulings”.