Immigration attorney David Santiago has warned that H-1B visa holders who are currently stuck outside the United States because of visa appointment delays may face questions from US immigration authorities when they try to re-enter the country.
The concerns stem from the lengthy period some workers are spending in India while waiting for rescheduled visa interviews.
The delays have been caused by a major backlog in visa scheduling, with many interview slots originally planned for late 2025 now pushed into late 2026.
Many H-1B holders who travelled abroad for visa stamping found their appointments rescheduled, leaving them in limbo and unsure about their ability to return to the US.
Santiago pointed out that working remotely from India for extended periods could raise questions about whether a worker has effectively abandoned their US employment, because H-1B status is tied to physically working in the United States under the terms of the visa.
To lessen this risk, he advises affected employees to obtain written confirmation from their employers stating that remote work from India was authorised due to the unusual visa appointment delays.
Without such documentation, immigration officials may question long absences abroad during the re-entry process.
Santiago also suggested that in some cases, taking an unpaid leave or formally pausing work until visa stamping is completed might be safer options for those unable to return to the US before their work resumes.
The situation reflects broader visa processing challenges, including extensive rescheduling of H-1B and H-4 interviews and new vetting procedures that have slowed down appointments significantly.
As the backlog continues, many Indian professionals and their employers are trying to navigate these uncertainties, balancing the need to maintain employment ties with compliance to US immigration rules.