USCIS is reportedly experiencing delays in H-1B premium processing for consular cases, raising concerns among immigration practitioners. Multiple reports indicate that cases filed with premium processing are being held indefinitely, despite beneficiaries holding valid H-1B visa stamps abroad. This situation has emerged following the implementation of the $100,000 fee for certain H-1B petitions on September 21, 2025.
Key Details:
- Premium processing cases are reportedly being paused without Requests for Evidence (RFEs).
- The $100,000 fee does not apply to beneficiaries abroad with valid H-1B visa stamps.
- Delays could force workers to attend new consular interviews if approvals are not granted before their visa stamps expire.
- AILA has sought clarification from DHS regarding these exemptions, but no formal response has been provided.
These developments occur amidst broader restrictive immigration measures, including increased travel restrictions and expanded social media vetting. The backlog of interviews in India is now projected to extend into mid-2026, further complicating matters for affected workers.
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Source: Poonam Gupta, Esq.