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

A U.S. federal court has dismissed a lawsuit filed by Navdeep Sharma, an H-1B visa holder who was stranded in India for 18 months while waiting for his visa to be processed. The court ruled that the government's delay was not legally unreasonable.

Sharma, who had previously worked in the United States on an H-1B visa, traveled to India in 2022 for a family visit. When he attempted to return, his visa application was subjected to administrative processing under Section 221(g) of the Immigration and Nationality Act.

The lawsuit argued that the prolonged delay violated the Administrative Procedure Act and caused significant hardship, including loss of employment and separation from family. However, the court found that the 18-month period fell within acceptable bounds given the complexity of background checks and security clearances.

In its ruling, the court stated that while the delay was lengthy, it did not amount to an unreasonable or arbitrary action by the U.S. government. The decision sets a precedent that similar delays may be deemed lawful in future cases.

Sharma's legal team expressed disappointment and is considering an appeal. The case highlights ongoing frustrations among H-1B visa holders facing extended administrative processing times.