US visa delays are creating significant challenges for Indian immigrants, forcing them to make difficult decisions about travel and work amid uncertainty.
In a poignant illustration of the emotional toll of immigration uncertainty, an H-1B visa holder recently shared a heart-wrenching post in a private social media group for Indians living in the United States. The individual, who wished to remain anonymous, revealed that his father had passed away suddenly in India. Grieving and uncertain, he expressed his dilemma: he lacked an appointment for H-1B visa stamping, and with no immediate appointments available, traveling to India could leave him stranded for months, or even longer.
The desire to be with family during such a profound loss is overshadowed by the potential risk to his job and the future of his wife and children in the U.S. As the family’s sole breadwinner, the weight of this decision is immense. His situation highlights the unpredictable nature of immigration policies and their far-reaching consequences on individuals’ lives.
This dilemma resonated with many in the group, sparking a flurry of impassioned responses. It also underscored a broader concern: highly qualified professionals in the U.S. on temporary work visas are increasingly faced with life-altering choices to maintain their legal status. One group member remarked, “Unpredictable policy shifts and immigration bottlenecks may be issues on paper for lawmakers, but for many, these are often life-altering crossroads.”
While some respondents shared their own difficult experiences, others offered practical advice, urging the individual to remain in the U.S. to avoid jeopardizing his employment status.
In a similar vein, an H-4 visa holder recounted her own painful experience of missing her brother’s wedding in India. “Last month, I missed my only brother’s wedding ceremony that was held in India. We congratulated the couple over the phone,” she shared. “I watched a live stream of the wedding with tears rolling down my eyes as I carried out my mundane chores, like packing kids’ school lunches, on a cold Seattle morning, while my brother said his vows. It hurt bad, but going to India currently, with no definite clarity on the visa appointment, would have meant inviting more uncertainties in our lives.”
Currently, thousands of Indian professionals who came to the U.S. on work visas with aspirations of career advancement are grappling with increasingly uncertain immigration prospects. Attorneys are urging these individuals to prioritize practicality over emotion.
In a conversation with The American Bazaar, immigration attorney Gnanamookan Senthurjothi discussed the complexities faced by those in such situations. “This situation presents a profound conflict between deep emotions surrounding the loss of their father and practical solutions to protect their U.S. status and career,” he explained. “As an immigration lawyer, I would not want them to travel abroad, as the chances of returning to the U.S. immediately look very bleak.”
Senthurjothi further elaborated, “If they travel abroad, we are hearing about people stuck in India for various reasons for several weeks or months, and during that time, they end up losing their job. In that event, any new petition filed by a different employer will attract a $100,000 fee, and not many will come forward to file an H-1B petition or offer a job.”
Some individuals currently in India while awaiting visa appointments have sought permission from their employers to work remotely from there. When asked about the legal challenges surrounding continued remote work from India, Senthurjothi noted, “H-1B holders permitted short-term remote work until a visa is issued from India should remain on U.S. payrolls as long as feasible.”
However, he cautioned that there have been isolated cases of port-of-entry denials at Abu Dhabi preclearance following extended absences and remote work from India, further complicating matters. “As of now, there is no formal policy or regulatory change,” he added.
The ongoing visa delays and the uncertainty surrounding immigration policies continue to create significant challenges for Indian immigrants in the U.S., forcing them to navigate a complex landscape of emotional and practical considerations.
According to The American Bazaar, these challenges are prompting many to rethink their travel plans and the implications for their careers and families.