Venue for a corporate plaintiff: choosing the district under 28 U.S.C. § 1391(e)

A delay suit against USCIS can usually be filed in more than one federal district. The rules that decide which ones are available to a company differ from those for an individual, and the choice affects how the case is likely to be decided.

The three options

Under 28 U.S.C. § 1391(e)(1), a civil action against a federal officer or agency acting in an official capacity may be brought in any district where (A) a defendant resides, (B) a substantial part of the events or omissions giving rise to the claim occurred, or (C) the plaintiff resides if no real property is involved. Additional parties may be joined in accordance with the Federal Rules.

Where a company resides

For a plaintiff, an entity is deemed to reside only in the district where it maintains its principal place of business, under section 1391(c)(2). A national employer therefore cannot pick any district where it has an office on the basis of its own residence. The employee co-plaintiff's residence, the location of the service center or field office handling the case, and the agency's headquarters may open other districts. Which combination is available is a question for counsel in each case.

Why the district matters

Districts differ in how they apply the TRAC factors, how they treat jurisdiction objections, and how quickly they move. The District of Columbia, for example, ruled against the delay claim in a series of immigration cases decided in summer 2026, including the EB-5 decision discussed in the 120-day goal in court. Mandamus.com publishes a comparison by federal district and district profiles for the Southern District of Texas, the Northern District of Texas, the Southern District of New York, the Eastern District of New York, the District of New Jersey, the District of Connecticut, the District of Columbia and the Eastern District of Michigan.

Transfer

The government may ask the court to move the case under 28 U.S.C. § 1404(a), for the convenience of parties and witnesses and in the interest of justice. A choice of district that rests on a thin connection invites that motion. Mandamus.com covers the response on defending a venue transfer motion, and the strategic side on choice of forum.

Practical points for employers

• Decide venue when the evidence file is assembled, not on the day of filing; the I-140 timeline assumes this is settled early.
• Record where decisions on the case are being made: service center, field office, Immigrant Investor Program Office. That fact supports option (B).
• Weigh the circuit's approach to the TRAC factors, described in the TRAC factors applied to employment-based delay.
• Keep the employee informed; their residence may be the basis of venue, as the overview of the writ notes when describing who the plaintiffs are.

Questions

Can a company sue where any of its offices is located?

Not on the basis of its own residence. For a plaintiff, an entity resides only where it maintains its principal place of business. Other venue grounds may still apply.

Can the employee’s home district be used?

The plaintiff-residence option can be relevant where the employee is a plaintiff. How courts treat multiple plaintiffs in different districts is a question for counsel.

Can the government move the case?

It can ask for transfer under 28 U.S.C. § 1404(a). The court decides based on convenience and the interest of justice.

General information, not legal advice. Rules and processing practice change; verify against the agency's own published figures and take advice on your own facts.