H-1B Visa Delay Lawsuit Dismissed: Court Rules 18-Month Wait 'Reasonable'

U.S. District Judge Vince Chhabria in San Francisco dismissed the case on Tuesday, rejecting Sharma's claim that the U.S. Citizenship and Immigration Services (USCIS) and the State Department violated statutory deadlines by taking 18 months to process his visa application. The judge found that the agencies' actions, while slow, fell within the bounds of what the law permits.

Sharma, an Indian software engineer, had filed the lawsuit in 2023 after his H-1B petition was approved but his visa stamping at the U.S. consulate in New Delhi was delayed for over a year. He argued that the prolonged wait caused him financial hardship and separation from his U.S.-based employer and family.

The court acknowledged the delay was significant but noted that the government's workload, including pandemic-related backlogs and security checks, contributed to the timeline. Judge Chhabria wrote that the law does not impose a specific deadline for visa issuance, and the delay, while frustrating, did not amount to a violation of the Administrative Procedure Act.

Sharma's attorney said the decision is disappointing and that his client is considering an appeal. Meanwhile, USCIS and the State Department have not commented on the ruling.

The case highlights the ongoing challenges faced by H-1B visa holders, many of whom have reported similar delays in visa processing at U.S. consulates abroad. Legal experts say the ruling could set a precedent for future challenges to visa processing times.