Beginning in mid-December 2025, the U.S. consular posts in India (commonly referred to as “Mission India”) initiated widespread cancellations and rescheduling of H-1B visa appointments. Many interviews were postponed to March 2026 or later, with some applicants reporting dates extending even further.

These disruptions appear to be connected to new Department of State vetting requirements announced on December 5, 2025, and implemented December 15, 2025. In addition, many applicants are reporting that no new H-1B visa appointment slots are currently available at posts in India.

If you are an H-1B employee or employer affected by these developments, the following overview explains the current landscape and strategic options.

1. What Happened?

  • Mass cancellation of previously scheduled H-1B visa interviews
  • Automatic rescheduling to March–April 2026 or later
  • Limited or no availability of new appointment slots
  • Significant delays impacting return travel to the United States

As a result, many H-1B employees are facing extended periods outside the U.S., affecting employers’ operations and project continuity.

2. The Emergency Request (ER) Process

Mission India implemented an Emergency Request (ER) system intended to allow applicants to seek earlier appointments. While approval rates have reportedly been relatively favorable in some cases, the process has practical challenges.

Key Points About ER Requests

  • If approved, applicants typically have 10 days to secure a new appointment.
  • Calendar availability remains limited—even after approval.
  • In some cases, second ER submissions have been accepted after an initial denial (though this is not guaranteed).
  • Continuous monitoring of the appointment calendar—sometimes multiple times per day—is often necessary.

Even with ER approval, appointment availability may remain extremely limited.

3. Best Practices for Expedite Requests

Expedite procedures vary by post. Before submitting, each consulate’s FAQ and visa guidance should be reviewed carefully.

General Guidelines:

  • Keep the explanation concise and direct (character limits apply).
  • The core justification must be in the text box; officers may not review attachments unless the written explanation establishes a strong basis.
  • For India, include both:
    • A strong text-box explanation, and
    • A brief employer letter outlining business impact.
  • Medical emergencies are typically the most persuasive.
  • Other compelling factors may include:
    • Urgent financial or operational harm to the employer
    • U.S. citizen children needing to return to school
    • Significant business obligations requiring in-person presence

The first submission should be the strongest possible, as some posts limit multiple requests.

4. Third-Country National (TCN) Visa Options

Given appointment backlogs in India, some applicants may consider applying in a third country.

Although recent Department of State guidance encourages applicants to apply in their country of nationality or residence, the regulations and Foreign Affairs Manual (FAM) continue to permit visa applications by individuals physically present in a consular district.

Relevant authority includes:

  • 22 CFR 41.101(a)
  • 9 FAM 403.2-4
  • 9 FAM 403.2(4)(B)

These provisions give consular officers discretion to accept applications from applicants physically present in the district, even if they are not residents. The FAM indicates this discretion should “seldom, if ever” be used to reject such applications.

Practical Considerations for TCN Filings

  • Contact the post in advance via its online inquiry system.
  • Include legitimate business reasons for travel to that country (e.g., meetings, company office visits).
  • Understand that acceptance is often determined at the interview window.
  • If a refusal or 221(g) is issued, follow-up inquiries and escalation (including LegalNet) may be appropriate in certain circumstances.

Because H-1B visas are not subject to INA §214(b), TCN refusals on that ground are less likely—but careful planning remains essential.

5. Travel Planning and Risk Management

Given ongoing unpredictability:

  • Travel well before visa expiration whenever possible.
  • Allow substantial buffer time in case of cancellations.
  • Preserve documentation of:
    • Appointment cancellations
    • Emergency Request submissions and outcomes
    • Calendar monitoring efforts

Waiver Situations

Applicants requiring a waiver of inadmissibility should:

  • Apply well in advance.
  • Avoid unnecessary cancellation of a valid existing visa.
  • Clearly request that officers leave a valid visa intact during waiver adjudication.

There is a risk of administrative cancellation of valid visas if not clearly addressed.

6. Employer Impact and Strategic Counseling

These developments significantly affect U.S. employers:

  • Extended employee absences
  • Project delays
  • Operational disruption
  • Financial consequences

Employers should evaluate:

  • Remote work feasibility
  • Payroll compliance
  • Work authorization continuity
  • Contingency staffing

Legal services may now include:

  • Ongoing appointment monitoring
  • Multiple expedite submissions
  • Communication with consulates
  • Escalation where appropriate

Clear scope of representation and fee structures should reflect this expanded workload.

7. Our Approach

We are actively advising H-1B employees and employers on:

  • Emergency Request strategy
  • Expedite drafting and documentation
  • Third-country national planning
  • Risk analysis before international travel
  • Work authorization continuity strategies

Given the rapidly evolving nature of consular processing in India, proactive planning and individualized case assessment are critical.

If you or your organization has been impacted by appointment cancellations, we recommend scheduling a consultation to evaluate your options and develop a structured plan tailored to your circumstances.