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Are there any legal remedies for H1-B visa delays? Immigration attorney says the better option for applicants would be to…

Are there any legal remedies for H1-B visa delays? Immigration attorney says the better option for applicants would be to...

H-1B visa holders facing sudden appointment cancellations have little legal relief, according to immigration lawyers, as interview dates are pushed late into 2026, leaving thousands anxious and hasty to protect jobs and travel plans.Mass cancellations and abrupt rescheduling of H-1B visa stamping appointments have pushed interview dates from early 2026 to as late as October 2026, according to the American Bazaar. The disruption has caused panic across immigrant communities, particularly among professionals whose visas have expired and who must travel abroad for stamping before returning to work in US.Attorneys warn that the scope for legally challenging these delays is extremely limited, but there are few things applicants must do.Sangeetha Mugunthan, an immigration attorney with Somireddy Law Group PLLC, told American Bazaar that H1-B applicants must plead to their employers for remote work as soon as possible: “Despite limited legal action immediately available, the better option for affected applicants would be to plead with employers for remote work or leave, if that’s possible.” Mugunthan gave one last advice to H1-B applicants who do not want to lose their jobs: “While a direct legal action against the cancellation itself is tough. I would advise applicants to document everything to avoid potential job loss or visa issues that can arise later.”The scale of the problem became clearly visible after a wave of cancellations beginning in mid-December 2025 and continuing through the first half of 2026. Many applicants initially believed the changes were temporary. However, that hope faded when fresh emails arrived, confirming that rescheduled appointments had been moved even further, in some cases by six to nine months.

Purchased flights to cancellation fees

H-1B visa holders working in the US are receiving emails informing that their interviews are getting postponed to later dates without any further notice. This lead many workers to contact their employers and Human Resources (HR) department for any kind of alternative such as remote work or unpaid leaves. Immigration attorneys told The American Bazaar that they are now seeing appointments originally booked for January 2026 being pushed to October. Many affected workers had already purchased flights and arranged leave, only to face cancellation fees. Those already in India when the notices arrived have been hit hardest, as they are left now unable to return to their jobs on schedule.

‘Only an NRI can understand…’

One H-1B professional, Ram Raghu, wrote online: “Only an NRI can understand, the pain of living with the visa complications.” Some community members, especially on Reddit, have begun sharing coping strategies, including booking refundable tickets or travelling only days before an interview to reduce losses if dates shift again.The disruption follows earlier visa challenges this year, including delays in F-1 student visas and proposed high fees ($100,000) that shocked the H-1B community. This is happening currently under the latest immigration crackdown under the Trump administration and is mainly affecting Indian professionals who make up a lot workforce in US.’America First’ loudmouths and many others in MAGA movement are even considering to completely ban the H1-B visa programme as they accuse the foreign workforce of replacing domestic American workers in US.

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