For Indian professionals seeking H-1B visa stamps, receiving a 221(g) notice after the consular interview has become an expected part of the process. This development has left many stranded in their home country, uncertain when they can return to their jobs in the United States.
The New Reality of 'Administrative Processing'
Prominent immigration attorney Steven Brown highlighted that the 221(g) slip is not a visa refusal. Instead, it signals that the U.S. State Department requires more time to review the application. "We are not done with your case yet," is the essential message, Brown explained. The primary driver for this near-universal issuance is the mandatory social media vetting implemented for most applicants.
This procedural shift began on December 15, 2025. Since that date, visa officers have largely stopped making immediate decisions on H-1B stamping applications. They now await the results of a review of the applicant's social media history before proceeding. Consequently, almost every applicant from India interviewed recently has received the 221(g) notice, with approvals typically following within a day or two after the check is complete.
When Delays Stretch From Days to Months
While the current social media review causes short delays, the 221(g) notice can also be issued when the consulate needs additional documents or information from the applicant or their U.S. employer. If no specific documents are requested, the notice usually states the case is under "administrative processing."
The situation becomes critical when a delay of days extends into weeks or months. In such cases, applicants are advised to follow up with the consular office. If the delay becomes unreasonable and remains unexplained, legal action is an option. However, Brown cautions that a lawsuit does not guarantee visa approval and the litigation process itself can be lengthy.
Checklist to Minimize 221(g) Risks
Thorough preparation remains the best defense against prolonged administrative processing. Applicants should gather every possible supporting document, including:
- The H-1B approval notice (Form I-797).
- A current job offer or verification letter from the U.S. employer.
- Recent pay stubs and tax returns.
- The complete H-1B petition paperwork filed by the employer.
Applicants must be ready to answer detailed questions about their job duties, employer, and work location. It is crucial to review the H-1B petition and the DS-160 application form before the interview. No field in the DS-160 should be left blank. Furthermore, the U.S. employer should be prepared to respond promptly if the consulate contacts them for verification.
