H-1B visa delays: Losing your job could block US entry, trigger $100k fee

Expanded US social media checks have pushed H-1B interviews into 2026, leaving Indian professionals abroad facing job and travel risks

Has your H-1B visa interview been rescheduled or delayed? Try not to lose your job, warn attorneys. With the US State Department expanding social media reviews to H-1B applicants and their dependants, operational issues have pushed many visa interviews scheduled for this month to as late as April or May next year.

 

Immigration attorneys say the delays have left many Indian professionals stranded outside the US, unsure when they can return, while employers back home weigh how long they can keep roles open.

 

What lawyers say should come first

 

In advice to Indians and others caught in the disruption, immigration attorney Emily Neumann of Reddy Neumann Brown PC said the immediate priority for H-1B holders stuck outside the US is job continuity.

 

 

“If a person loses his or her job, they will have to look for another job on an H-1B visa, which will cost the company a $100,000 fee, and the companies are unlikely to shell out the fee,” she warned.

 

Neumann said many employers are reluctant to absorb the new fee requirement if the worker is outside the US and needs a fresh petition to re-enter.

 

“If you cannot get an emergency appointment, the number one goal is to make sure that you don’t lose the job,” she said. “Because if you do ultimately lose the job, maybe you will find a new job later in June or July, then that company has to file the H-1B petition with the $100,000 visa fee as you are not in the US.”

 

“Now, no company is ready to do that. You are pretty much stuck,” she added.

 

Emergency appointments remain unlikely

 

Neumann said H-1B holders whose employers do not permit remote work for extended periods can request emergency visa appointments, though approvals are rare.

 

“If the US employer does not allow work from home for six months, as many appointments in India got deferred by at least six months, the candidates can request an emergency appointment,” she said, adding that there is a slimmer chance for that to happen.

 

She said US consulates have cancelled large numbers of interviews and informed applicants that they should not contact consulates before their newly assigned dates.

 

‘Trump administration is more powerful at the border’

 

Immigration lawyer Rahul Reddy said the expanded social media checks are being used as a tool to limit entries rather than a routine screening exercise.

 

“The social media vetting is just an excuse to cut candidates off,” Reddy said.

 

He said changes to non-immigrant visa programmes require Congressional approval, which can take time, but enforcement at the border is different.

 

“If the Donald Trump administration wants to change something in non-immigrant visa programmes, it will take a long time because it has to go through Congress,” Reddy said. “But the Trump administration is more powerful at the border, and when a visa holder is outside the country, it can stop anyone from coming in.”

 

Reddy advised visa holders currently in the US to reconsider international travel. He said the State Department has slowed visa interviews to manage the additional time taken for social media checks, which began on December 15.

 

Why travel advice has turned stricter

 

Immigration attorney Rebecca Chen also urged caution for Indian H-1B holders planning trips to India. In a blog post, Chen advised applicants to defer travel amid mass rescheduling of visa appointments.

 

She said even those who have not yet received official rescheduling emails should consider postponing their plans.

 

Lawyers said H-1B holders inside the US who only need visa stamping for re-entry should avoid travel for now, as stamping is required only to enter the country and does not affect lawful status within the US.

 

They added that applicants already in India without a valid visa stamp may have little choice but to wait until their rescheduled interview.

 

What applicants are being told to keep in mind

 

1. Staying employed with the current H-1B sponsor is critical while outside the US

2. Employers may hesitate to file new petitions due to the $100,000 H-1B fee

3. Emergency appointments can be requested but approvals remain limited

4. Visa stamping affects re-entry, not legal status inside the US

5. Travel plans should be reconsidered until interview backlogs ease

 

For many affected by the delays, the uncertainty has disrupted work arrangements, housing commitments, and family plans across borders, with no clear timeline for when routine visa processing will return to normal.