A nonimmigrant sued the U.S. government due to lengthy processing delays for an H-1B visa. The person stated that these delays have caused emotional and financial distress since they are not permitted to work until the visa is processed. According to official documentation, the person has been waiting for months for the U.S. Embassy abroad and the U.S. Department of State to process and approve the visa application. The original filing was in June 2020.

The employer instructed the person to stop working from their location abroad and take an unpaid leave of absence until the application is processed. They offered a raise and promotion upon their return, which they are unable to accept before the visa application is approved.

The plaintiff’s H-1B petition was filed on their behalf by their employer and approved by U.S. Citizenship and Immigration Services (USCIS) in June 2020. In March 2022, the interview was completed at the U.S. Embassy in Pakistan. At the conclusion of the interview, the applicant was informed the application would be placed in “administrative processing,” according to the suit. However, despite numerous inquiries into the status of the visa processing, no updates or insight into exactly what the U.S. Embassy is working on, or what the holdup is. Since the Department of State and the U.S. Embassy have not provided any reason for placing the visa application in “administrative processing,” this action is by definition unreasonable.

The individual argues that the federal government is in violation of the Administrative Procedures Act, as they are illegally withholding or unreasonably delaying action on the visa application causing H-1B processing delays. This act requires that agencies must conclude matters “within a reasonable time.” He also argues that the Department of State and the U.S. Embassy have a duty to process his visa application, especially considering that he paid the mandatory fees to the State Department.

The plaintiff’s lawyer stated that his team represents many people in similar situations across the country, and most people stuck in processing delays are Muslim men or men from predominantly Muslim countries. He also stated that the plaintiff’s application “deserves to be approved,” and that it is ridiculous and illegal that the agencies involved have put them through this waiting period.

The plaintiff is seeking a court order mandating that the Department of State and the U.S. Embassy in Pakistan process the application within 15 days of the court decision’s issuance, or as soon as reasonably possible.

If you have questions about your H-1B filing or any other immigration-related questions, contact us at any time. We work closely with our clients in their particular situations and ensure they get the right advice.

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