Published by: Financial Express - January 25, 2026
https://www.financialexpress.com/business/investing-abroad-indian-h-1b-visa-delays-stretch-to-2027-no-realistic-alternatives-exist-says-immigration-attorney-4116711/
Quotes and Excerpts from Rajiv in the article:
As immigration attorney Rajiv S. Khanna puts it, the situation has turned brutal, particularly in H-1B cases. For the vast majority of H-1B holders stuck abroad, no realistic alternatives exist. “The compounding effect of these simultaneous policy changes, sudden implementation without adequate notice, systematic denial of emergency relief, and elimination of workarounds has created an unprecedented crisis in the H-1B program,” Khanna told The Financial Express.
Sudden rule change triggered the visa mess, says expert
Speaking to The Financial Express, Immigration attorney Rajiv S Khanna, Managing Attorney, Immigration.Com, said, the current H-1B visa delays did not happen overnight. They began after a sudden policy change that many applicants say was rolled out without warning or preparation. “On December 3, 2025, the State Department announced mandatory social media vetting for all H-1B and H-4 applicants, effective December 15. This abrupt policy shift gave applicants zero notice. Consulates in India and other high-volume posts immediately began canceling appointments, rescheduling a most a year later,” he said.
Khanna added, “emergency appointment requests are being systematically denied, even when US employers document urgent business needs. Reports indicate that consular posts have reduced daily interview capacity by up to 40 percent to accommodate the new vetting procedures, creating a massive backlog.”
Remote work is legal, but not realistic for many
Speaking of H-1B visa crisis, Khanna told The Financial Express, Nothing in US immigration law prevents H-1B holders from working remotely from India for their US employers. However, as a practical matter, many employers cannot or will not permit this arrangement due to business, security, or operational constraints.”
However, he added, “If an H-1B holder stranded abroad attempts to change to an employer willing to accommodate remote work from India, they trigger the $100,000 entry fee imposed by Presidential Proclamation on September 21, 2025. This fee applies to any new H-1B petition filed for a beneficiary located outside the United States. The result: workers are trapped between staying with an employer who may not permit remote work and facing a prohibitive six-figure penalty to switch jobs. The impact on people’s lives has been devastating.”
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