Any human resources professional can face hurdles and delays with work visa applications. The compassionate team of business immigration attorneys at Klug Law Firm could explain how HR can navigate delays in work visa processing. These situations mainly require patience, and HR staff can expect to spend time soothing employers and assisting prospective staff with paperwork.
Often, the fastest way forward is a call to an attorney and planning when scouting for staff in the future.
Understanding Visa Backlogging
US Citizenship and Immigration Services (USCIS) handles millions of visas annually, regardless of current politics or administration. Each applicant must go through a vetting process, which can take months. In the best of times, one can expect an H-1B nonimmigrant work visa to take roughly three to six months to process, assuming the applicant passes the rigorous scrutiny required and all their documents are correctly signed and dated.
Backlogging occurs when there is not enough staff to handle visa requests, and it may be more common around the winter holidays and summer months, depending on the year. Paperwork errors, missing signatures, and labor issues can all affect the time it takes foreign nationals to get their employment visas.
Administrative Processing Delays
Sometimes, your prospective employee may encounter an administrative processing delay. This usually happens when there is a specific problem with the paperwork, but it can also occur if Immigration decides additional security clearances are needed.
In cases like these, the applicant will be notified of the delay and its reason and given a chance to submit any new documentation needed. Depending on the issue and your prospective employee’s fast response, these delays can last a few weeks or a few months.
From the HR professional’s view, there is not much to be done to speed up the process of backlog or administrative processing delays. They must run their course. Of course, you can contact that prospective worker and try to help them find and submit needed documents, but sometimes, this is best handled by an attorney.
Some work visa administrative processing delays can be avoided with thoughtful attention to detail when helping prospective staff apply. This stress can be eased with a good lawyer.
Some US Consular Offices are Renowned for Long Delays
Three consular offices, in particular, are known for extremely long delays. Abu Dhabi, Dhaka, and Accra are expected to take two or more years to clear their backlog of applications. While the HR department cannot move those applications forward, you can scout for talent elsewhere to avoid the two-year bottleneck.
The positive news is that USCIS claims its backlog of visa applications is decreasing, down 15% since 2023. As of December 2024, some US Consular offices had no backlog. If you are concerned about how your HR department can navigate delays in work visa processing, know that these issues may settle down in the upcoming years.
Learn More About How HR Can Navigate Delays in Work Visa Processing with Klug Law Firm
When it comes to issues related to how HR can navigate delays in work visa processing, the best course of action is often to contact a skilled business immigration attorney. Contact Klug Law Firm today to learn more and bring us your most difficult cases. We are ready to earn your business’s trust with our attention to detail and compassionate human touch.