Visa Appointment Delays for H-1B and H-4 Visa Applicants

Tonkon Torp LLP
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Tonkon Torp LLP

U.S. embassies and consular posts are rescheduling H-1B and H-4 visa appointments for some applicants. These delays were initially limited to posts in India and now are reported to have expanded to other countries. Appointments originally set for December 2025 and January 2026 have been reported to be rescheduled from March 2026 to as late as 2027. This action by the U.S. Department of State (DOS) during the busy holiday travel season has already impacted H-1B employees who are now stranded outside the United States until they can receive an H-1B visa. These delays will have significant impact on U.S. employers who now have H-1B employees stuck outside the United States, unable to return to work.

Reason for Delays: Increased Screening and Enhanced Vetting

On December 3, 2025, DOS issued an announcement that all H-1B and dependent H-4 visa applicants would be subject to an expanded online presence review beginning December 15, 2025. DOS stated that its enhanced vetting will help identify visa applicants who may pose a threat to U.S. national security or public safety. This expanded vetting, emphasizing national security in H-1B and H-4 visa issuance determinations, was already being performed for F, M, and J visa categories.

Who Is Affected?

  • H-1B and H-4 (family) visa applicants
  • Employers of H-1B workers relying on timely visa stamping for U.S. entry of H-1B workers
  • Dependents coordinating travel and entry or return to the United States

Impact

  • International travel carries risk if a visa appointment is delayed or rescheduled
  • H-1B employees may be unable to return to the United States to their approved employment positions for many months

Recommendations/Key Points

  • Consider deferring non-essential travel requiring H-1B/H-4 visa stamping
    • While posts in India to-date have been the most impacted, travel requiring H-1B/H-4 visa stamping at any post should be reconsidered
  • Newly confirmed visa appointments may be rescheduled after they are secured. In other words, near term appointment availability is not a guarantee that the appointment will ultimately be kept
  • Rescheduled applicants with exigent circumstances may wish to inquire whether an expedited appointment will be considered

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

© Tonkon Torp LLP

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