H-1B Visa Dad Stuck Abroad Told 18 Month Delay Is Reasonable
Summary
A federal judge dismissed a lawsuit from Navdeep Sharma, an H-1B visa holder stuck in India for about 18 months after his visa interview, ruling that the delay was not legally unreasonable. The court said the government did not unlawfully delay his visa process, even though he was separated from his U.S. citizen family during this time.Key Facts
- Navdeep Sharma is an Indian national working for Tata Consultancy Services in Texas.
- He traveled to India for a visa interview after his employer got approval to extend his H-1B status.
- After the interview, U.S. consular officials delayed issuing his visa, requesting medical exams and social media information.
- Sharma waited about 18 months in India without being able to return to work or his family.
- His employer's petition to extend his visa was approved by U.S. Citizenship and Immigration Services in early 2024.
- Sharma sued Secretary of State Marco Rubio and others, alleging unlawful delay in visa processing.
- The judge ruled that senior officials were not responsible and delayed decisions are often long but not legally unreasonable.
- The ruling may make it harder for other visa applicants to challenge long processing delays in court.
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