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H-1B visa delay: What's best to do in waiting period? ‘Be mindful of...’
H-1B visa delays not over: What's best to do in your waiting period? Expert advice for IT professionals, others
With the Trump administration amping up scrutiny of H-1B visa applicants, the US consulates in India have reportedly extended visa stamping interview appointments until 2027. Several reports claimed that no slots are available till next year at the visa offices in Delhi, Mumbai, Chennai, Hyderabad, and Kolkata. This has impacted many Indians hoping to work in the US on the H-1B visa.
Individuals who have been most impacted because of this H-1B visa delay include Technology and IT workers — software engineers, data scientists, AI specialists; consulting and financial services professionals, healthcare professionals, mid-career professionals in leadership or client-facing roles, according to Manifest Law attorney Ana Gabriela Urizar.
Waiting for the H-1B visa stamping interview? Here's how best to use your waiting time
Attorney Urizar told Mint, "Strategic planning is key." She said she advises her clients to avoid international travel unless absolutely necessary, especially if stamping is required.
She said one must work with an immigration lawyer to map out long-term options, including H-1B extensions, amendments, or permanent-residency strategies (PERM, EB-1, or NIW where appropriate).
Other key points, the attorney said, one must keep in mind are:
1. Ensure all filings are clean, consistent, and well-documented, knowing that officers are scrutinising cases more holistically
2. Be mindful of social-media presence; inconsistencies between online activity and visa representations can raise red flags
3. Employers should plan for remote work contingencies and workforce flexibility where possible
4. Purchase plane tickets with fully refundable options
5. Consider other visas that are not subject to a lottery, like the O-1
6. Consider self-sponsoring options for permanent residency pathways to avoid being tied down to an employer
She said that H-1B and H-4 holders need to think years ahead, not months ahead. "The system is functioning, but it is moving more slowly and with greater scrutiny, and proactive planning is now essential, not optional," she added.
Could we expect further delays?
Yes. Attorney Urizar said further delays are very likely, particularly through 2026 and beyond.She said consulates are dealing with backlogs from prior years, prioritising FIFA ticket holders, facing staffing constraints, implementing increased security measures, implementing fraud-prevention measures, and expanding social-media and background screening protocols.
She further points out that visa processing is no longer just about documents. "Enhanced background checks, including social-media vetting, are contributing to longer processing timelines, particularly at high-volume posts like India," she said.
Attorney Urizar also claimed that even when appointment slots technically exist, cases are often subject to 221(g) administrative processing, which can add weeks or months after the interview. "So, the appointment date alone does not guarantee timely visa issuance," she said.
How will these delays impact Indian professionals?
For many Indian professionals, international travel becomes a calculated risk. Leaving the US can mean being stuck abroad for months or even years, despite having valid employment, approved petitions, and ongoing projects in the US, and the possibility of even losing their jobs, the attorney said."From a professional standpoint, employers may delay career advancement opportunities or global assignments because of travel uncertainty. From a personal standpoint, families may be separated, and H-4 spouses and children often bear the brunt of these delays," she said.
Source: LiveMint
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