H-1B and H-4 Travel to India: Delays and Enhanced Vetting Effects

(INDIA) — U.S. for employers: Start in December”>employers preparing FY 2027 H-1B cases are being urged to plan around India Appointment Cancellations and longer visa stamping timelines, because employee travel disruptions can quickly become payroll and compliance problems.

Since mid-december 2025, many H-1B and H-4 interview appointments in India have been postponed and pushed into March, April, and later in 2026. The rescheduling wave has created a predictable business risk. A worker who leaves the United States without a valid visa stamp may be unable to return on time. That can trigger unpaid leave decisions, remote-work requests from India, and project staffing gaps.

For employers, the immediate obligation is not travel logistics. The primary obligation is maintaining compliant H-1B employment. That includes proper wage payment, correct worksite reporting, and accurate petition terms. When an H-1B worker is stuck abroad, employers must still avoid “benching” issues, misreporting work locations, or letting job duties drift away from the approved role.

⚠️ Employer Alert: If an H-1B worker cannot re-enter after travel, do not “paper” U.S. work from India without a vetted tax, payroll, and export-control plan.

Why India stamping delays matter to FY 2027 H-1B planning

For many cap-subject hires, India is where the first H-1B visa stamp will be issued. For extensions and transfers, India is often where the next stamp happens. When consular capacity tightens, the result is longer time outside the United States, which affects onboarding and project timelines.

Reports since December 2025 also describe expanded “online presence review,” including review of public social media profiles. that review can increase administrative processing time and raise questions about job titles, employer names, and dates if profiles conflict with the petition.

Employers should treat travel to India during the FY 2027 cap season as a scheduling risk. The critical months are March through July 2026, when registrations, selections, and filings happen.

💼 Employee Tip: A valid H-1B approval notice does not guarantee re-entry. Re-entry usually requires a valid visa stamp, unless an exception applies.

FY 2027 cap snapshot and planning dates (employment start: Oct. 1, 2026)

The H-1B cap remains 85,000 total numbers each year. That includes 65,000 regular cap and 20,000 U.S. master’s cap.

📅 Key Date: Treat February 2026 as your internal deadline for role, wage, and documentation readiness for March registration.

Step-by-step: how to sponsor an H-1B worker for FY 2027

Step 1: Confirm the job is a “specialty occupation”

USCIS requires the position to normally need at least a bachelor’s degree in a specific specialty. At least one regulatory criterion must be met. The strongest cases tie duties to a specific field of study.

USCIS scrutiny is higher for Level I wages, broad duties, or mismatched degrees. Scrutiny is also higher for third-party placements.

Step 2: Set the wage correctly before you register

The employer must pay the higher of the prevailing wage or the actual wage. Prevailing wage is tied to SOC code and worksite location.

Prevailing wage levels are commonly described as follows:

Level I can work, but it must match the duties and supervision. Employers should document training, oversight, and deliverables.

Step 3: Register the beneficiary in March

Registration is electronic and employer-driven. Under the beneficiary-centric model, each person can be entered once, even with multiple sponsors. That reduces duplicate-entry gamesmanship, but it does not remove documentation pressure later.

Step 4: File the Labor Condition Application (LCA)

The LCA is filed with the U.S. Department of Labor. It contains wage, worksite, and working condition attestations.

Core LCA requirements employers must meet:
– Prevailing wage: Pay at least the required wage for the SOC and area.
– Working conditions: H-1B employment must not harm U.S. worker conditions.
– No strike or lockout at the place of employment.
– Notice/posting: Post the LCA notice at the worksite or provide electronic notice.
– Public Access File: Maintain required documentation for inspection.

India travel disruptions connect here. If a worker cannot return, employers sometimes try to shift worksite or duties. A worksite change can trigger an amended filing. That should be assessed before any “temporary” workaround.

Step 5: File Form I-129 with the H-1B petition package

After selection, the employer files Form I-129 with the required evidence. Employers must match what was registered and show:
– the specialty occupation basis, and
– the employer-employee relationship.

Step 6: Plan for consular processing and re-entry timing

If the worker is outside the United States or needs a new stamp, consular appointment capacity becomes critical. India Appointment Cancellations can push start dates, onboarding, and project delivery.

Employers should decide early whether the hire can start in the U.S. on October 1, 2026. If stamping is needed, build extra time.

Required documentation: employer and employee checklists

Employer documents

• Offer letter with title, duties, salary, and worksite
• Detailed job description mapped to degree requirement
• Organizational chart and reporting structure
• Proof of business operations and ability to pay
• Worksite details, including remote-work policy terms
• Contracts and statements of work for third-party placements
• LCA posting evidence and Public Access File materials
• Evidence the employer “normally requires” a related degree, if applicable

Employee documents

• Passport biographic page and prior U.S. visas
• Degree certificates and transcripts
• Credential evaluation for foreign degrees, if needed
• Resume and experience letters
• Prior I-797 approvals, I-94 records, and pay statements, if in the U.S.
• Work authorization history, including OPT STEM materials, if relevant

For India stamping, consistency matters. Social media and public resumes should not conflict with petition dates, titles, and employers.

Fee breakdown and who must pay

Employers must pay required H-1B fees. Passing required fees to the worker can create wage and compliance problems.

A new $100,000 fee has been reported for certain petitions, effective Sept. 2025. Employers should confirm applicability before budgeting.

⚠️ Employer Alert: Required H-1B fees should be employer-paid. Employee reimbursement can create back-wage exposure in audits.

Premium processing and realistic timelines

Premium processing provides a faster USCIS decision clock for the petition stage. It does not control consular appointment availability in India and does not eliminate administrative processing.

For FY 2027 cap hires, premium processing can still help employers finalize onboarding and work authorization planning. Employers should decide on premium processing early, because project start dates depend on petition certainty.

Common compliance violations and real penalties

1) Underpaying the required wage
Wage shortfalls can lead to back wages and penalties. The wage obligation is tied to the LCA and actual work performed.

2) Incorrect worksite reporting
Moving a worker to a new metropolitan area can require an amended filing. Remote work changes can trigger posting duties.

3) Benching without pay
Nonproductive time caused by the employer is usually payable. Travel-related absence is fact-specific—get counsel before changing pay.

4) Job duty “creep”
As teams shift, duties can drift into a different occupation. That can create specialty occupation and wage level mismatches.

5) Third-party placement gaps
Missing end-client letters, weak itineraries, or unclear supervision often trigger RFEs. This is common in IT consulting models.

India travel delays can pull employers into several of these risk zones at once. The safest approach is to keep the worker’s role and location aligned to the approved filing.

Travel risk management for India: what employers should set in writing

Employers should publish a short H-1B travel protocol for India travel during 2026. It should cover:

• Whether travel is restricted during cap season and the first 90 days of employment
• Minimum passport and visa validity expectations
• Whether remote work from India is permitted, and under what legal review
• Leave rules if appointments are canceled or rescheduled
• Who pays for change fees when travel is business-related

For employees, the instruction should be simple: Do not depart the U.S. if you need a new stamp, unless the business can absorb the delay.

What to do now (January 2026) for FY 2027 hiring

Employers should start role and wage work in January. That creates time to fix SOC codes, confirm worksites, and align job duties. Employees should prepare degree and experience records now, because March arrives quickly.

Employer actions:
– Finalize job descriptions and SOC codes by early February 2026
– Run prevailing wage checks using flcdatacenter.com
– Confirm all worksites, including remote-work addresses
– Budget required fees and decide on premium processing before filing
– Create an India travel protocol for 2026, including Appointment Cancellations contingencies

Employee actions:
– Align LinkedIn and other public profiles with petition facts
– Confirm passport validity and keep prior I-797 and I-94 records organized
– Avoid nonessential India travel if a new stamp is required in 2026
– Coordinate leave and return-to-work expectations before booking flights

Next key dates:
– Prepare in January–February 2026
– Register in March 2026
– File after selection, starting April 1, 2026
– Target start date is October 1, 2026

📋 Official Resources:
– H-1B Program: uscis.gov/h-1b-specialty-occupations
– Cap Season: uscis.gov/h-1b-cap-season
– Prevailing Wages: flcdatacenter.com