No. 22-3066 ___________________________

Sandeep Thigulla; Sarvani Thigulla

Plaintiffs - Appellants

v.

Ur Jaddou, Director, U.S. Citizenship and Immigration Services

Defendant - Appellee ____________

Appeal from United States District Court for the District of Nebraska - Lincoln ____________

Submitted: November 16, 2023 Filed: March 5, 2024 ____________ Before COLLOTON, BENTON, and SHEPHERD, Circuit Judges. ____________ BENTON, Circuit Judge.

Sandeep and Sarvani Thigulla—lawful nonimmigrant workers with temporary work authorization—seek to become lawful permanent residents (LPRs) (get a “green card”). As the last step to become LPRs, the Thigullas sought approval of their Form I-485 applications with the U.S. Citizenship and Immigration Services (USCIS). The Department of State signaled that adjudication of their applications was imminent in September 2022. However, in October 2022, the Department of State decreased the number of applications it would adjudicate at that time. The Thigullas sought a temporary restraining order against the Director of USCIS, compelling the prompt adjudication of their applications under the Administrative Procedure Act. The Government moved to dismiss for a lack of subject-matter jurisdiction under Federal Rule of Civil Procedure 12(b)(1). The district court 1 denied a temporary restraining order—finding a lack of irreparable harm and a low likelihood of success on the merits. (It also denied the Government’s motion to dismiss, opting to address the Government’s subject-matter jurisdictional concerns “in due time.”) The Thigullas appeal the denial of the temporary restraining order. This court dismisses the case for a lack of subject-matter jurisdiction.

I.

The Thigullas are citizens and nationals of India. Sandeep Thigulla has been in the United States since 2010. They applied for adjustment of status, trying to change their status from lawful nonimmigrant workers on a series of short-term work authorizations, to LPRs with green cards. Foreign nationals seeking an LPR visa must generally follow a three-step process: by obtaining (1) a labor certification by the Department of Labor; (2) an approved I-140 immigrant petition from USCIS; and (3) an approved Form I-485, Application to Register Permanent Residence or Adjust Status from USCIS. See Mantena v. Johnson, 809 F.3d 721, 724-25 (2d Cir. 2015) (describing the three-step process); 8 U.S.C. § 1255(a); 8 C.F.R. §§ 204.5(n)(1), 245.2(a)(2)(i), 245.2(a)(5)(ii). This case involves the final step of the process: the adjudication of the application to adjust status.

The final step, due to the limited number of available LPR visas, cannot take place until the proper category of visa is available for the applicant. See 8 U.S.C. § 1255(a). “Because there are limits on the number of such visas in each category and from each country, immigrants must often wait many years for a permanent

1 The Honorable Robert F. Rossiter, Jr., Chief Judge, United States District Court for the District of Nebraska. -2- residency visa, especially if they are from a country, like India, that sends a large number of immigrants to the United States.” Mantena, 809 F.3d at 725. An applicant’s priority date—the spot in the visa queue—determines when an applicant has access to available visas. To receive a visa, an applicant must have both a priority date that is “current” or “immediately available” and an approved status adjustment application. Th