US Visa Delays Leave H-1B Holders In India Struggling With Legal Uncertainty

US Visa Delays Leave H-1B Holders In India Struggling With Legal Uncertainty
US Visa Delays Leave H-1B Holders In India Struggling With Legal Uncertainty
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H-1B Renewal Delays Leave Indian Professionals Caught Between Careers and Borders

What was once a routine year-end trip to India for visa renewal has turned into months — and in some cases years — of uncertainty for thousands of Indian professionals working in the United States on H-1B visas. A sudden postponement of interview timelines by US authorities has left many stranded, disrupting careers, finances and deeply personal life events.

The delays follow a directive expanding social media and online presence vetting for all H-1B and H-4 applicants worldwide. While officials say the move aims to curb abuse and strengthen screening, immigration experts argue the execution has disproportionately affected legally employed workers with established careers in the US.

From Routine Biometrics to Prolonged Limbo

For 29-year-old Rohan (name changed), a consultant serving a Texas-based client, the disruption was swift and unexpected. A day after completing his biometrics in India, he received an email postponing his interview from January 2026 to August 2026.

“I work for a US-based client and they want me on location,” Rohan said. “My employer has been supportive and connected me with an immigration attorney, but at this point, an emergency appointment seems like the only option.”

Immigration lawyer Gnanamookan Senthurjothi, founder of The Visa Code, said his firm received more than 60 enquiries within a week from similarly affected professionals. “This came without clear advance communication. It’s not a new law but heightened enforcement, and the suddenness has caused maximum disruption,” he noted.

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Interviews Pushed to 2027, Employers Left in the Lurch

In some cases, rescheduled interviews have been assigned as late as May–June 2027, far beyond what employers or employees can accommodate. This is particularly significant given that 70–75 percent of H-1B visas are issued to Indian nationals each year, many of whom travel during December for renewals.

According to Kate Angustia, Supervisory Policy and Practice Counsel at the American Immigration Lawyers Association (AILA), some applicants may not even secure a new interview within their current H-1B validity period. “This will be a significant challenge for workers, families and US employers who expect their employees to return after short travel,” she said.

Disrupted Travel Plans and Personal Milestones

Beyond careers, the delays have upended personal lives. One affected professional, who had a family wedding planned for January, saw their visa appointment moved from January 2026 to January 2027, derailing plans for an entire year.

Another individual had booked international flights, hotels and family travel across India for a Chennai appointment, only to cancel everything at the last minute after receiving the rescheduling notice, incurring heavy financial losses.

“Thankfully, I got the notice before travelling, so I didn’t get stuck in India,” said Dheeraj (name changed), a 36-year-old IT professional. “But many of my friends are already stranded.”

“The biggest issue right now is uncertainty,” he added. “There’s no clarity on what’s being evaluated, how long it will take, or who will be delayed. That uncertainty is affecting careers, family decisions and basic freedom of movement.”

What Changed in the Visa Process

According to emails accessed by Moneycontrol, from December 15 the US Department of State expanded online presence reviews to all H-1B and H-4 applicants globally. Earlier, such scrutiny was selective.

Applicants were informed that interviews were being delayed to allow enhanced screening to ensure no individual poses a threat to US national security or public safety. “The Consulate will not be able to see you on your original appointment date,” the automated email stated.

Soon after, major US technology companies including Google, Microsoft and Apple advised employees on work visas to avoid international travel, warning of prolonged processing delays.

Experts stress that visa stamping is required only for re-entry into the US, not for lawful stay. “H-1B holders can legally remain in the US if they have valid status and employment,” said Abhishek Bhambhu, cofounder of SprintVisa.

This distinction explains why many employers now discourage overseas travel altogether, even when visa stamps have expired.

Emergency Options and Interim Solutions

Senthurjothi said some smaller companies are allowing affected employees to work remotely or temporarily relocating them to Indian offices where possible. His firm is also exploring:

  • Emergency appointment requests for critical employment or family needs

  • Alternate visa strategies under relevant categories

  • Flexible rescheduling across consulates, where permitted

According to Sonam Chandwani, Managing Partner at KS Legal & Associates, the situation strengthens the case for interim relief. “Policy changes are a sovereign right, but introducing enhanced scrutiny without adequate notice creates disproportionate hardship,” she said.

She expects increased representations to US authorities seeking clearer guidance, transparent screening criteria and predictable rescheduling mechanisms.

Uncertainty Continues as Authorities Defend the Move

On December 22, USCIS reiterated that the expanded online presence review is part of an effort to address abuse of the H-1B program while allowing companies to hire the best “temporary” foreign workers.

For now, however, thousands of professionals remain stuck in limbo — legally employed, highly skilled, and waiting for clarity. Until timelines stabilise, the uncertainty is likely to continue shaping career choices, travel plans and long-term decisions for H-1B holders across the globe.

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Sourabh loves writing about finance and market news. He has a good understanding of IPOs and enjoys covering the latest updates from the stock market. His goal is to share useful and easy-to-read news that helps readers stay informed.

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