H‑1B visa delays leave applicants in limbo

A sudden freeze on H-1B visa appointments at U.S. consulates in India has left applicants facing delays, prompting immigration attorneys to caution against nonessential travel.

The H-1B visa is a non-immigrant work permit that allows U.S. companies to sponsor highly skilled foreign professionals, particularly in technology, engineering, science and related fields, for temporary employment in the United States. Each year, the U.S. government caps the number of new H-1B visas at 85,000, with 65,000 for regular applicants and 20,000 reserved for those with advanced U.S. degrees. The category is a cornerstone of U.S. talent recruitment, especially for India, which has historically accounted for the majority of beneficiaries.

A slowdown in U.S. visa processing, along with recent policy changes, has sparked fresh concern among Indian H-1B applicants. Consulate appointments are being canceled or postponed, leaving applicants facing delays as well as new financial hurdles under the Trump administration’s immigration overhaul.

“I’ve been telling my clients for the past few months, especially the last month, not to travel to India to apply for visas. Because I think we all had expectations that the Trump administration will use the visa appointment system and the Department of State as a weapon for a cold war with India, and in the regulation of legal immigration into the United States,” immigration attorney Ellen Freeman told Newsweek.

The U.S. State Department has temporarily canceled several H-1B visa appointments in India, citing “operational constraints” and the implementation of a new social media review for applicants, according to several immigration attorneys.

U.S. consulates in Chennai and Hyderabad have notified affected applicants, advising them not to attend their originally scheduled appointments.

In an email to applicants, the U.S. Consulate in Chennai explained: “Due to operational constraints related to processing these visas and to ensure that no applicants issued a visa pose a threat to U.S. national security or public safety, the U.S. Consulate in Chennai must reduce the number of applicants each day.”

Freeman described a growing wave of appointment cancellations at U.S. consulates in India, which have affected workers planning to enter or return to the United States.

One of her clients, who traveled to India for a December H-1B visa appointment, was initially unaware of changes at the U.S. consulate. In India, biometric appointments have been scheduled up to ten days earlier than originally planned, and many applicants were not notified immediately. The attorney explained that while some rescheduling began on December 15, notifications were sent gradually. This client only learned of the change the following day, when his appointment was moved to a later date.

Starting from December 15, the Department of State has been expanding the online presence review to all specialty occupation temporary workers, including H-1B visa applicants and their dependents in the H-4 visa classification, according to an agency spokesperson. To facilitate this vetting, all applicants and their dependents will be instructed to adjust the privacy settings on all of their social media profiles to public, the state department said.

Embassies and consulates will continue to process H-1B and H-4 visas, and the Department regularly shifts appointments as needed to match resource availability, according to the spokesperson.

“My heart goes to people who have left already without knowing those visa appointment cancellations and left their apartments, left their household items, left their cars with car payments, who is going to be taking care of it?” Freeman said, adding: “Employers don’t have an obligation to take care of it. Some of them have friends and relatives here. But these are serious financial obligations that impact one’s credit history later on.”

The administration has cracked down on legal migration by introducing higher fees for certain visa categories. Most notably, a new $100,000 fee has been imposed on new H-1B visa petitions filed for applicants outside the United States. The fee, which must be paid by the sponsoring employer, is intended to discourage perceived abuse of the visa system and encourage companies to prioritize hiring U.S. workers. Existing H-1B holders, extensions or renewals for workers already in the United States are not subject to the fee, but critics warn that the increased cost could deter employers from sponsoring foreign talent and disrupt the plans of thousands of prospective visa holders.

“One of the easiest ways to limit legal immigration to the United States is not to give visas and not let people enter the country,” Freeman said.

Meanwhile, President Trump angered his MAGA base after saying on Fox News that foreign workers were needed because the United States does not have enough skilled workers. Some on the right want to see all forms of migration cut and argue that companies abuse the H-1B visa by allowing employers to hire cheaper talent and undercut American wages. 

“I’m going to welcome those people,” Trump said. “I love my conservative friends, I love MAGA. This is MAGA. Those people are going to teach our people how to make computer chips, and in a short period of time, our people are going to be doing great and those people can go home, where they probably always want to be.”