Migrant traveled to renew his H-1B visa and a ruling forces him to keep waiting after 18 months outside the US

Navdeep Sharma, an Indian citizen holding an H-1B visa, remains stranded in his home country for 18 months, separated from his wife and two children in Texas, after a federal judge dismissed his lawsuit seeking to expedite his return to the United States. Sharma, employed by Tata Consultancy Services, traveled to Hyderabad in January 2025 to renew his H-1B visa following an extension approved by his employer.

Despite initially being denied the visa and subsequently fulfilling requests for additional medical exams, Sharma's online status changed to “Approved” in July 2025. However, upon returning to the consulate, officials denied him the document again, this time requesting information about his social media accounts. This led to his prolonged stay outside the U.S., preventing him from resuming his work in Georgetown, Texas.

Sharma argued that the demand for social media information before the policy became public constituted unusual treatment. However, the court rejected this, finding no evidence of bad faith by the defendants. U.S. District Judge Timothy J. Kelly ruled on July 10 that the 18-month waiting period was not legally unreasonable under current law. The court noted the absence of a statutory deadline for such applications and pointed to previous cases where waits of up to two years were deemed acceptable.

The judge further stated that ordering consular officers to prioritize Sharma's case would unfairly disadvantage other applicants. While acknowledging the personal and financial hardships Sharma faces, the court concluded these circumstances did not warrant a judicial order to alter the established processing sequence. Judge Kelly described the wait as “insignificant” when compared to longer, unsuccessfully challenged delays in the past, ultimately denying the request for judicial intervention.