Judge Dismisses H-1B Visa Delay Lawsuit, Rules Consular Officers Control Decisions and Two-Year Waits Are Reasonable

U.S. District Judge Timothy J. Kelly dismissed a lawsuit on July 10 brought by Navdeep Sharma, an Indian national on an H-1B visa who has been stranded in India for about 18 months. -citizen children, sought a court order to compel action on his visa application.

Sharma's employer filed a petition in December 2023 to extend his H-1B status through March 2027. U.S. Citizenship and Immigration Services approved the petition in early 2024. Sharma traveled to Hyderabad, India, in January 2025 for a visa interview.

After the interview, officials declined to issue the visa and requested medical examinations, which Sharma completed. His case status changed to "Approved" in July 2025, but consular officials again declined to issue the visa and asked for social media account information.

Kelly ruled that Sharma failed to show senior officials were responsible for the delay, noting that visa decisions are made by consular officers.

The judge cited the absence of any congressionally imposed deadline for visa adjudications and prior decisions that treat delays approaching two years as reasonable. "That delay falls well short of pleading what courts have considered an unreasonable delay," Kelly wrote. The judge also stated that ordering faster processing would require prioritizing Sharma's application at the expense of others.

"Although the Court sympathizes with Sharma and his prolonged separation from his family, this factor alone is not a reason for the Court to bump him to the front of the line," Kelly wrote. The court granted the government's motion to dismiss. The State Department advises applicants to wait at least 180 days after an interview or additional information before inquiring.