H‑1B Process Strains
H‑1B friction is piling up: consulates in India reportedly show zero appointment slots for 100+ days, universities are listing contested H‑1B roles at salaries like $88K, and experts warn lottery reclassification could suppress wages. The mix of scheduling logjams, employer postings, and policy critiques is heightening employer and counsel exposure. (x.com) (x.com) (x.com)
All five U.S. consulates in India reportedly show “No Appointments Available” for H‑1B and related visa interviews, with many applicants seeing stamping dates pushed into 2027. (visahq.com) The mass cancellations followed the State Department’s expanded online‑presence review that took effect on Dec. 15, 2025, triggering large‑scale rescheduling at Chennai, Hyderabad, Mumbai, New Delhi and Kolkata. (fragomen.com) Several U.S. universities’ public LCA/notice filings show offered annual wages in mid‑five figures for contested H‑1B roles — examples include University of Arkansas notices listing $75K–$95K, Indiana listings around $74K–$85K, and a Brown University LCA showing $82,000. (financialexpress.com) A Penn Wharton Budget Model brief estimates 61% of H‑1B registrations could be reclassified into occupations that yield a higher wage‑level, and that such strategic reclassification could undo roughly 42% of the compensation gains intended by DHS’s wage‑weighted selection rule. (budgetmodel.wharton.upenn.edu) The Department of Labor’s enforcement initiative “Project Firewall” and recent firm advisories have elevated audit risk for sponsors, with law firms urging employers to run immediate compliance audits of LCAs, public access files, SOC codes and wage‑level documentation. (huschblackwell.com) Practitioner guidance now recommends exploring third‑country national (TCN) stamping options, inserting a 3–6 month buffer into start dates and tightening job descriptions, wage‑level classifications and LCA postings to mitigate consular delays and selection‑strategy exposure. (ahluwalialaw.com)
