H-1B visa stamping delays: What 221(g) slip means for Indian workers in US

From administrative processing to colour-coded slips, here's what happens when an H-1B visa is placed under section 221(g)

For many H-1B professionals, a routine trip to India for visa stamping can take an unexpected turn. Imagine travelling for what should be a straightforward appointment: the DS-160 is filed, documents are in order, and the consular interview is complete. Instead of an approval, however, applicants are handed a 221(g) slip, with no clear reason or timeline — only a reference to “administrative processing”. Weeks can stretch into months, delaying the return to the United States and leaving work and personal plans on hold.

 

“Unfortunately, this scenario has become increasingly common for H-1B applicants and their employers, leaving many to wonder what they can do when a visa is stuck in limbo,” wrote Steven A Brown, immigration attorney at Reddy Neumann Brown, in a blog post.

   

What is a 221(g) delay?

 

A 221(g) delay refers to a visa application being put on hold under Section 221(g) of the Immigration and Nationality Act. Although the law refers to it as a refusal, the US Department of State does not treat it as a final rejection in practice. Instead, it functions as a pause.

 

In simple terms, the consular officer does not approve or deny the visa at the interview. The case is placed under temporary refusal while further steps are taken. This stage is commonly called administrative processing.

 

Brown said the reasons vary. “Sometimes the consulate needs additional documents or information from the applicant or the employer. In other cases, the application requires extra scrutiny or background checks,” he wrote.

 

“For example, there might be a security clearance required if you work in a sensitive field, or a fraud investigation if something about the application needs verification. It can also mean the officer was backlogged and didn’t have time to review things enough prior to your appointment.”

 

What happens after you receive a 221(g) slip?

 

When a 221(g) notice is issued, the consulate usually provides a written letter or coloured slip.

 

If documents are missing, the notice lists what must be submitted, such as employment letters, client contracts or tax records. If nothing further is requested, the notice simply says the case is under administrative processing.

 

In both situations, applicants are left waiting without a clear timeframe. Processing that is described as taking a few weeks often stretches into several months. During this period, passports are often retained by the consulate, leaving applicants unable to return to the US.

 

The key point is that a 221(g) is not a final refusal.

 

“Receiving a 221(g) slip does not mean that your visa got denied. It’s a routine administrative step,” Mamta Shekhawat, founder of Gradding.com explained to Business Standard. “The 221(g) letter will indicate exactly what the consular officer needs from you subsequently.”

 

Why 221(g) gets issued

 

According to Shekhawat, a 221(g) slip may be issued for several reasons:

 

• The embassy needs time to verify social media activity

• Submitted documents require further review

• The visa photograph does not meet technical standards

• Petition details are not visible in the Petition Information Management Service

• The applicant works in a field listed under the Technology Alert List

• The employer is a consulting firm and work arrangements need confirmation

• National security or background checks are required

 

Colour codes and what they mean

 

Cases placed under administrative processing are often accompanied by colour-coded slips. These include the case number and a standard message explaining that the application is suspended under section 221(g) for further review.

 

The colours usually indicate the following:

 

White slip: documents are missing or additional evidence is required

Blue slip: more documents are needed, often for routine reasons

Pink slip: concerns related to petition details, job role or qualifications

Yellow slip: more time is needed for review, with no extra documents requested

 

While the colour provides some indication, it does not give a timeline. Applicants remain unable to plan their return while the case remains pending.

 

Why 221(g) delays are becoming more common

 

Many H-1B applicants and employers say administrative processing is being used more frequently.

 

Brown pointed to several reasons.

 

Heightened vetting has expanded security, criminal and technology-related checks over the past decade. While many of these reviews can be completed quickly, applicants are rarely told which checks are underway.

 

Consular workload also plays a role. Covid-era backlogs and staffing shortages continue to affect visa processing. In some cases, issuing a 221(g) allows a consulate to move a case aside even when the application is complete.

 

There is also an inconsistency in how notices are issued. Officers are expected to explain what is required when a case is paused, but many notices provide no specific reason beyond administrative processing. Immigration lawyers say this has become common enough to raise concern.

 

Some delays are case-specific. Applicants with common names may trigger security matches. Consulting roles or client-site work often lead to employer verification. Even in these cases, applicants are rarely told what stage the case has reached.

 

Can a lawsuit help?

 

Brown said some applicants turn to litigation to force a decision. This usually involves a writ of mandamus or an Administrative Procedure Act lawsuit, arguing that the government has delayed unreasonably.

 

“Filing a federal lawsuit can get the government’s attention,” he wrote. “In many instances, a mandamus or APA lawsuit prompts the consulate or State Department to finally do something with the stalled case.”

 

He added that lawsuits sometimes lead to decisions within weeks, even after months or years of waiting. In other cases, the government contests the delay.

 

Courts cannot order a visa to be approved. They can only require the government to act. Outcomes after litigation may include:

 

• The visa is issued

• The visa is formally denied

• The government agrees to decide the case by a fixed date or schedules a fresh interview