
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

Video
Brazil Managing Partner Diana Quintas highlights Brazil’s visitor visa rules and what travelers should know.

Blog post
Senior Manager Kinka Tonchev and Paralegal Emily Whalley discuss how upcoming UK visa changes will affect skilled worker dependants and reshape tech sector mobility.

Fragomen news
Partner Marius Tollenaere provides key insights on labour migration, procedures and employer obligations in the latest edition of "Einwanderungsrecht".

Blog post
Associate Matthew Smith discusses how professionals with exceptional ability in the sciences, arts and performing arts can bypass the PERM process by leveraging Schedule A, Group II for a streamlined green card application.

Awards
Managing Partner of the United Kingdom Nadine Goldfoot is recognised as Legal 500's "Leading Partners."

Media mentions
Partner Dan Schwarz discusses how proactive immigration planning helps athletes, teams and universities navigate complex US policies.

Video
Learn how to claim Italian citizenship through ancestry. This complete guide covers eligibility requirements, benefits and the step-by-step application process.

Video
Senior Manager Corrine Tan and Assistant Business Immigration Manager Joycelyn Ang discuss Bangladesh’s work permit security clearance process.

Media mentions
Partner Bo Cooper outlines how the proposed H-1B changes could affect Big Law hiring for foreign lawyers.

Media mentions
Senior Manager Kinka Tonchev highlights how UK immigration must adapt to attract, retain and support the world’s top talent.

Media mentions
Manager Kirsty Moore and Trainee Solicitor Amanda Ong highlight rising UK construction sponsor licence risks and how businesses can stay compliant.

Video
Brazil Managing Partner Diana Quintas highlights Brazil’s visitor visa rules and what travelers should know.

Blog post
Senior Manager Kinka Tonchev and Paralegal Emily Whalley discuss how upcoming UK visa changes will affect skilled worker dependants and reshape tech sector mobility.

Fragomen news
Partner Marius Tollenaere provides key insights on labour migration, procedures and employer obligations in the latest edition of "Einwanderungsrecht".

Blog post
Associate Matthew Smith discusses how professionals with exceptional ability in the sciences, arts and performing arts can bypass the PERM process by leveraging Schedule A, Group II for a streamlined green card application.

Awards
Managing Partner of the United Kingdom Nadine Goldfoot is recognised as Legal 500's "Leading Partners."

Media mentions
Partner Dan Schwarz discusses how proactive immigration planning helps athletes, teams and universities navigate complex US policies.

Video
Learn how to claim Italian citizenship through ancestry. This complete guide covers eligibility requirements, benefits and the step-by-step application process.

Video
Senior Manager Corrine Tan and Assistant Business Immigration Manager Joycelyn Ang discuss Bangladesh’s work permit security clearance process.

Media mentions
Partner Bo Cooper outlines how the proposed H-1B changes could affect Big Law hiring for foreign lawyers.

Media mentions
Senior Manager Kinka Tonchev highlights how UK immigration must adapt to attract, retain and support the world’s top talent.

Media mentions
Manager Kirsty Moore and Trainee Solicitor Amanda Ong highlight rising UK construction sponsor licence risks and how businesses can stay compliant.