
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 Carl Hampe provides insight on the impact of the $100,000 H-1B fee and the US Chamber of Commerce’s related lawsuit.
Awards
Fragomen was honoured with the “Best Partnership Between a Corporate Organization and a Service Provider” EMMA at FEM's 2025 EMEA Summit.
Media mentions
Partner Rachel Beardsley highlights how H-2A visa strategies can help sustain a skilled US agricultural workforce.
Blog post
Director Willys Mac’Olale discusses how intra-African mobility can unlock the continent’s economic and social potential by promoting free movement, fostering integration and development.
Blog post
Immigration Director Adriana Martínez Garro explains the residency process in Costa Rica for families relocating with dependents, outlining key legal considerations and steps for securing status.
Media mentions
Fragomen contributed data showing how UK visa and health surcharge costs compare with other leading research nations.
Fragomen news
Fragomen supported this report, which explores how gender shapes migration patterns, visa routes, employment and settlement in the UK.
Blog post
Senior Associate Tomasz Rdzanek or Poland Immigration Strategy Director Tomasz Rogala discuss proposed changes to Poland’s citizenship law aimed at simplifying eligibility and clarifying naturalisation procedures for foreign nationals.
Video
Manager David Makau discusses Oman's recent introduction of a Golden Visa program.
Media mentions
Partner Louise Haycock highlights the inclusion of performing arts occupations on the temporary shortage list and what it means for international talent in the sector.
Media mentions
Partner Louise Haycock highlights opportunities for easier access to overseas talent for the UK creative sector while guiding businesses through evolving visa rules.
Blog post
Associate Amelia Haynes and Paralegal Clare Macmillan Bell discuss the legal considerations surrounding British citizenship for children born through adoption or surrogacy.
Media mentions
Partner Carl Hampe provides insight on the impact of the $100,000 H-1B fee and the US Chamber of Commerce’s related lawsuit.
Awards
Fragomen was honoured with the “Best Partnership Between a Corporate Organization and a Service Provider” EMMA at FEM's 2025 EMEA Summit.
Media mentions
Partner Rachel Beardsley highlights how H-2A visa strategies can help sustain a skilled US agricultural workforce.
Blog post
Director Willys Mac’Olale discusses how intra-African mobility can unlock the continent’s economic and social potential by promoting free movement, fostering integration and development.
Blog post
Immigration Director Adriana Martínez Garro explains the residency process in Costa Rica for families relocating with dependents, outlining key legal considerations and steps for securing status.
Media mentions
Fragomen contributed data showing how UK visa and health surcharge costs compare with other leading research nations.
Fragomen news
Fragomen supported this report, which explores how gender shapes migration patterns, visa routes, employment and settlement in the UK.
Blog post
Senior Associate Tomasz Rdzanek or Poland Immigration Strategy Director Tomasz Rogala discuss proposed changes to Poland’s citizenship law aimed at simplifying eligibility and clarifying naturalisation procedures for foreign nationals.
Video
Manager David Makau discusses Oman's recent introduction of a Golden Visa program.
Media mentions
Partner Louise Haycock highlights the inclusion of performing arts occupations on the temporary shortage list and what it means for international talent in the sector.
Media mentions
Partner Louise Haycock highlights opportunities for easier access to overseas talent for the UK creative sector while guiding businesses through evolving visa rules.
Blog post
Associate Amelia Haynes and Paralegal Clare Macmillan Bell discuss the legal considerations surrounding British citizenship for children born through adoption or surrogacy.
