If you or your employee is among the thousands of H-1B visa holders who have had a U.S. consular appointment cancelled in India, you are not alone—and you are not without options. Beginning in mid-December 2025, U.S. Mission India began mass cancellations of H-1B visa appointments, pushing interviews into March 2026 and in many cases even into 2027. The disruption stems from enhanced vetting requirements announced by the U.S. Department of State on December 5, 2025, which took effect December 15, 2025. At Ahluwalia Law Offices, PC, we are closely monitoring these developments and actively assisting our clients through this evolving situation.
Why Are H-1B Appointments Being Cancelled?
The State Department’s new vetting procedures require additional scrutiny for H-1B visa applicants processing through Mission India posts—Chennai, Hyderabad, Mumbai, New Delhi, and Kolkata. As a result, previously scheduled appointments have been rescheduled and, more recently, no new slots are available at any Indian consular post. This has left H-1B employees stranded abroad and employers facing serious business disruption.
The Emergency Request (ER) Process
Mission India has established an Emergency Request system for applicants whose circumstances justify an earlier appointment. Importantly, this process has been reporting relatively favorable approval rates. However, there are challenges: once an ER is approved, applicants have only a ten-day window to secure and confirm a new appointment—and with calendar availability severely limited, finding that slot within the window is proving difficult. Our guidance to clients is to monitor appointment systems continuously, including checking multiple times per day, and to document every failed scheduling attempt. In situations where an initial ER is denied, practitioners have found that re-submission has resulted in approvals. We are prepared to guide you through this process.
Third-Country National (TCN) Filing as an Alternative
For H-1B employees who are unable to secure timely appointments in India, filing as a Third-Country National (TCN) at a U.S. consular post in another country is a viable alternative under the Foreign Affairs Manual (9 FAM 403.2-4). While the Department of State prefers that applicants apply in their country of nationality or residence, the regulations permit consular officers to accept applications from individuals physically present in their consular district. Because H-1B visas are not subject to the presumption of immigrant intent under INA § 214(b), the risk of refusal on this basis is significantly reduced. We work with our clients to identify appropriate TCN posts and build compelling business-necessity justifications for travel to that jurisdiction.
Expedite Request Best Practices
If you are pursuing an expedite request, the quality of your initial submission is critical—some consular posts will not consider a second request. At Ahluwalia Law Offices, our team helps clients craft concise, persuasive expedite submissions with compelling supporting documentation, including employer letters that demonstrate concrete financial or operational harm, or personal circumstances such as U.S. citizen children needing to return to school.
What Employers Should Know
Employers sponsoring H-1B workers should plan for extended absences and immediately assess the impact on projects, client deliverables, and workforce planning. Our firm assists corporate clients in strategically managing these disruptions, coordinating travel authorization, and ensuring that all compliance obligations under Department of Labor regulations remain met.
If you or an employee is facing an H-1B visa appointment cancellation in India, contact Ahluwalia Law Offices, PC today. Our Dallas-based team represents clients nationally and globally with the full suite of business immigration services you need.
FAQ: H-1B Visa Appointment Cancellations in India
Q: Why was my H-1B visa appointment in India cancelled?
A: U.S. Mission India cancelled thousands of appointments in December 2025 following new vetting requirements from the State Department that took effect December 15, 2025.
Q: Can I apply for my H-1B visa at a U.S. consulate outside India?
A: Yes. Under the Foreign Affairs Manual (9 FAM 403.2-4), individuals physically present in another consular district may apply there as a Third-Country National, subject to the consular officer’s discretion.
Q: What is the Emergency Request process for H-1B appointments in India?
A: Mission India offers an Emergency Request system for applicants with urgent needs. Approved applicants have a 10-day window to book a new appointment. Denied applicants may reapply and have often been approved on a second submission.
Q: How long are delays expected for H-1B appointments in India?
A: Current rescheduled appointments are being pushed to March–April 2026 and in some cases as late as 2027. Appointment availability is extremely limited and changes frequently.
Q: What should my employer do while I am waiting for my H-1B visa appointment?
A: Employers should document the business impact, assess operational contingencies, and consult with immigration counsel to explore lawful work authorization strategies and compliance with DOL obligations.
