
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
In this Mobility Minute, Manager Devika Thamattat outlines how, effective immediately, all Golden Visa applications filed by the direct approval route for employees working at companies licensed by the Dubai Development Authority can only be filed via the AXS Portal.

Blog post
Senior Associate Pamela Taukuro explains the requirements and steps necessary to meet the character criteria for obtaining Australian visas under PIC 4020.

Video
Immigration Consultant Azela Hadia discusses France’s Visitor Visa – a key option for digital nomads looking to work remotely from one of the world’s most iconic destinations.

Blog post
Immigration Consultant Laura Varon Osorio discusses France's visitor visa as a faster option for family members of local hire (Salarié) employees.

Media mentions
Senior Manager Katharina Vorländer outlines the legal and compliance challenges startups must navigate to offer workations while minimising risk.

Media mentions
Australia and New Zealand Managing Partner Teresa Liu highlights upcoming changes in Australia’s immigration policy under the re-elected Labour party.

Video
#FragomenFC co-hosts are joined by Senior Associate Tuğba Özyakup and her cousin, Oğuzhan ("Ozzy") Özyakup, a professional footballer who has competed at the highest levels of the sport.

Blog post
Social Security Manager Gufran Al Bash provides a comprehensive guide to the GCC pension framework, detailing monthly contributions, employer responsibilities and compliance requirements.

Media mentions
Partner David Crawford discusses how Canada’s new Liberal government could bring more predictable immigration policies focused on labour needs.

Awards
Fragomen and Partner Rahul Soni were honored at the Invest In the USA (IIUSA) I-829 & I-526 Awards Ceremony in Houston, Texas, during the 2025 IIUSA EB-5 Industry Forum held from April 28-30, 2025.

Blog post
Partner Christian Dallman discusses how the automotive industry is navigating significant challenges related to tariffs, talent shortages and trade dynamics, marking a critical moment for its future.

Awards
Partner Cosmina Morariu of Fragomen in Canada received the Ecosystem Builder Award as part of the inaugural Semiconductor Achievement Awards, hosted by Canada’s Semiconductor Council.

Video
In this Mobility Minute, Manager Devika Thamattat outlines how, effective immediately, all Golden Visa applications filed by the direct approval route for employees working at companies licensed by the Dubai Development Authority can only be filed via the AXS Portal.

Blog post
Senior Associate Pamela Taukuro explains the requirements and steps necessary to meet the character criteria for obtaining Australian visas under PIC 4020.

Video
Immigration Consultant Azela Hadia discusses France’s Visitor Visa – a key option for digital nomads looking to work remotely from one of the world’s most iconic destinations.

Blog post
Immigration Consultant Laura Varon Osorio discusses France's visitor visa as a faster option for family members of local hire (Salarié) employees.

Media mentions
Senior Manager Katharina Vorländer outlines the legal and compliance challenges startups must navigate to offer workations while minimising risk.

Media mentions
Australia and New Zealand Managing Partner Teresa Liu highlights upcoming changes in Australia’s immigration policy under the re-elected Labour party.

Video
#FragomenFC co-hosts are joined by Senior Associate Tuğba Özyakup and her cousin, Oğuzhan ("Ozzy") Özyakup, a professional footballer who has competed at the highest levels of the sport.

Blog post
Social Security Manager Gufran Al Bash provides a comprehensive guide to the GCC pension framework, detailing monthly contributions, employer responsibilities and compliance requirements.

Media mentions
Partner David Crawford discusses how Canada’s new Liberal government could bring more predictable immigration policies focused on labour needs.

Awards
Fragomen and Partner Rahul Soni were honored at the Invest In the USA (IIUSA) I-829 & I-526 Awards Ceremony in Houston, Texas, during the 2025 IIUSA EB-5 Industry Forum held from April 28-30, 2025.

Blog post
Partner Christian Dallman discusses how the automotive industry is navigating significant challenges related to tariffs, talent shortages and trade dynamics, marking a critical moment for its future.

Awards
Partner Cosmina Morariu of Fragomen in Canada received the Ecosystem Builder Award as part of the inaugural Semiconductor Achievement Awards, hosted by Canada’s Semiconductor Council.