
Country / Territory
In a teleconference with immigration stakeholders Wednesday, the USCIS Ombudsman characterized processing delays in H-1B extensions and employment authorization document (EAD) applications as among the most significant problems facing the agency today. The Ombudsman confirmed that the agency is frequently taking more than eight months to process H-1B extensions, causing serious disruptions to U.S. employers and foreign workers. The Ombudsman also used the teleconference to reemphasize persistent EAD delays, which were extensively analyzed in its annual report released to Congress in June.
Extent of H-1B Extension Delays
USCIS’s official processing times indicate that the Vermont and California service centers are taking between eight and ten months to adjudicate H-1B extensions. In an effort to reduce these backlogs, the agency recently transferred some of its extension workload to the Nebraska Service Center, however, it remains too early to know whether this shift in workload will result in improved processing times.
Lengthy processing delays often mean an interruption in employment authorization and other consequences. Though foreign nationals in H-1B status receive a 240-day automatic extension of status and work authorization following the timely filing of an H-1B extension petition with USCIS, processing times frequently extend beyond this grace period, forcing employers to remove foreign nationals from their payroll and benefits programs on the 240th day. Processing delays also impede a foreign national’s ability to renew a driver’s license if the prior H-1B period of stay has expired, regardless of whether a timely extension was filed.
What This Means for Employers and Foreign Nationals
The teleconference confirmed stakeholder concerns about lengthy processing delays and their negative impact on U.S. businesses and foreign nationals.
In an effort to avoid business disruptions resulting from the delays, employers and foreign nations are advised to plan ahead and submit H-1B extensions as early as possible, keeping in mind that the earliest an H-1B extension can be filed with USCIS is six months prior to its expiration. Employers can request USCIS premium processing service for an additional $1,225 fee, though even premium cases can be delayed by agency requests for evidence (RFEs).
This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.
Country / Territory
Explore more at Fragomen
Media mentions
Partner Rick Lamanna examines current pressures on Canada’s immigration system, including processing delays, reduced admissions and policy uncertainty and the implications for applicants and employers.
Blog post
Manager Mihaela Dumitru outlines how Swiss authorities assess Employer of Record and body-leasing models, highlighting key compliance risks, licensing requirements and a regulatory update affecting EU and EFTA nationals effective 1 January 2026.
Blog post
Immigration Manager Alice Heron examines Ireland’s updated employment permit salary thresholds taking effect in March 2026, including the reintroduction of graduate-specific Minimum Annual Remuneration bands and what these changes mean for employers planning graduate recruitment in 2026 and 2027.
Media mentions
Partner Jill Bloom explains how the new wage-based H-1B selection rule may influence hiring decisions and prompt employers to reassess workforce planning and explore alternative visa options.
Media mentions
Partner K. Edward Raleigh discusses how companies are rethinking their H-1B strategies amid evolving policies.
Awards
Senior Counsel Mitch Wexler is recognized by EB5 Investors Magazine as a 2025 Top 25 award recipient, reflecting leadership and long-standing impact in the global investment immigration space.
Blog post
Partners Isha Atassi and Rahul Soni outline key considerations across the EB-5 Immigrant Investor Program and the US Gold Card, comparing eligibility, investment structures and risk factors for high-net-worth individuals from the Middle East seeking US permanent residence.
Media mentions
Partner K. Edward Raleigh commented on proposed changes to US entry requirements.
Video
Business Immigration Consultant Marisa Gizzi from Fragomen explains everything about the Schengen C Visa: who needs it, how to apply and key travel tips to stay compliant in the Schengen Area.
Media mentions
Partner Rick Lamanna examines current pressures on Canada’s immigration system, including processing delays, reduced admissions and policy uncertainty and the implications for applicants and employers.
Blog post
Manager Mihaela Dumitru outlines how Swiss authorities assess Employer of Record and body-leasing models, highlighting key compliance risks, licensing requirements and a regulatory update affecting EU and EFTA nationals effective 1 January 2026.
Blog post
Immigration Manager Alice Heron examines Ireland’s updated employment permit salary thresholds taking effect in March 2026, including the reintroduction of graduate-specific Minimum Annual Remuneration bands and what these changes mean for employers planning graduate recruitment in 2026 and 2027.
Media mentions
Partner Jill Bloom explains how the new wage-based H-1B selection rule may influence hiring decisions and prompt employers to reassess workforce planning and explore alternative visa options.
Media mentions
Partner K. Edward Raleigh discusses how companies are rethinking their H-1B strategies amid evolving policies.
Awards
Senior Counsel Mitch Wexler is recognized by EB5 Investors Magazine as a 2025 Top 25 award recipient, reflecting leadership and long-standing impact in the global investment immigration space.
Blog post
Partners Isha Atassi and Rahul Soni outline key considerations across the EB-5 Immigrant Investor Program and the US Gold Card, comparing eligibility, investment structures and risk factors for high-net-worth individuals from the Middle East seeking US permanent residence.
Media mentions
Partner K. Edward Raleigh commented on proposed changes to US entry requirements.
Video
Business Immigration Consultant Marisa Gizzi from Fragomen explains everything about the Schengen C Visa: who needs it, how to apply and key travel tips to stay compliant in the Schengen Area.



