Lawsuit: UI researcher left ‘stranded’ in Germany by visa-processing delays

A University of Iowa Health Care researcher is suing the U.S. State Department over visa delays that he says have left him “stranded” in Germany, separated from his family and his employer.

The lawsuit, filed by University of Iowa Health Care researcher Mykola Volkogon, names as defendants Secretary of State Marco Rubio, U.S. Consul General in Germany Brian Heath, and the U.S. State Department.

Court records indicate that following the Russian invasion of Ukraine in early 2022, Volkogon, his wife, and his two children lawfully entered the United States under the Uniting for Ukraine program, which allowed Volkogon to live and work in the United States. In January 2024, Volkogon was hired as a core facility research assistant in the University of Iowa’s Department of Medicine Administration.

The lawsuit alleges that as part of that job, Volkogon has been tasked with facilitating the development and distribution of biological reagents to support research in fields related to cancer immunotherapy, Alzheimer’s disease and Parkinson’s disease.

In January 2025, the Uniting for Ukraine program was terminated. The lawsuit states that to obtain continued lawful status for himself and his family, Volkogon, through the University of Iowa, petitioned the federal government for an H1-B visa, which provides employer-sponsored visas for foreign professionals who work in “specialty occupations” such as technology and healthcare.

The lawsuit alleges the U.S. Citizenship and Immigration Services received the application on July 24, 2025, and approved it on Aug. 21, 2025. Volkogon then traveled to Frankfurt, Germany, on Sept. 4, 2025, for an interview with the U.S. consulate there regarding his visa application, according to the lawsuit.

However, the application has yet to be approved due to delays involving what the State Department refers to as legally mandated “administrative processing,” the lawsuit claims.

In December 2025, University of Iowa Health Care told the State Department Volkogon occupies “a uniquely interdisciplinary role that combines high-level scientific expertise with operational and financial oversight … The impact of his absence has been deeply felt, both operationally and financially.”

Court exhibits indicate the State Department says it cannot offer any estimate of how long this processing, which has been going on for eight months, will take. Despite inquiries from Iowa’s congressional delegation, the State Department has only offered what the lawsuit characterizes as “boilerplate responses” as to when the situation might be resolved.

As things stand now, the lawsuit alleges, Volkogon is unable to return to the U.S. to continue his “critical work” at the University of Iowa and he currently “remains stranded in Germany away from his family, and his absence at the University of Iowa has left a significant emotional and financial impact.”

The lawsuit alleges violations of the Administrative Procedure Act, which allows courts to intervene in cases where a federal agency has “unlawfully withheld or unreasonably delayed” action in a matter. The lawsuit also seeks a writ compelling the State Department to adjudicate Volkogon’s visa application within the next 45 days and award attorneys’ fees to Volkogon.

The State Department has yet to file a response to the lawsuit.