What to do if your H-1B visa is delayed?
What's the story
The United States consulates in India have extended H-1B visa stamping interview appointments until 2027. This comes as the Donald Trump administration intensifies scrutiny of applicants. Reports suggest that no slots are available till next year at consulates in Delhi, Mumbai, Chennai, Hyderabad and Kolkata. The delay has affected many Indians who wish to work in the US on an H-1B visa. So, what should they do in the meantime? Let's find out.
Impacted sectors
Who all are affected?
The delays have had a major impact on Technology and IT workers, including software engineers, data scientists and AI specialists. Consulting and financial services professionals, healthcare professionals, and mid-career leaders or client-facing roles are also affected. Manifest Law attorney Ana Gabriela Urizar emphasized the importance of strategic planning during this time. She advised clients against unnecessary international travel if stamping is involved.
Expert recommendations
What can applicants do?
Urizar recommended working with an immigration lawyer to explore long-term options like H-1B visa extensions or permanent residency strategies. She also advised on ensuring all filings are consistent and well-documented as officers are scrutinizing cases more holistically. Additionally, she advised being mindful of social media presence as inconsistencies can raise red flags during the visa application process.
Additional advice
Employers advised to plan for remote work
Urizar also suggested employers to plan for remote work contingencies and workforce flexibility where possible. She advised buying plane tickets with fully refundable options due to the uncertainty of travel schedules. Other recommendations include considering visas that are not subject to a lottery, like the O-1, and self-sponsoring options for permanent residency pathways to avoid being tied down to an employer.
Processing challenges
Urizar predicts further delays through 2026 and beyond
Urizar warned that further delays are likely through 2026 and beyond. She said consulates are dealing with backlogs from previous years and prioritizing FIFA ticket holders. Staffing constraints, increased security measures, fraud-prevention measures, social-media and background screening protocols also contribute to longer processing timelines. Even when appointment slots exist, cases may be subject to administrative processing under section 221(g), adding weeks or months after the interview.