Seyfarth Synopsis: Department of State expects to start the stateside visa renewal pilot in early 2024.

On October 17, 2023, the Department of State (DOS) sent for review a Federal Register notice entitled Pilot Program to Resume Renewal of H-1B Nonimmigrant Visas in the United States for Certain Qualified Noncitizens to the Office of Information and Regulatory Affairs. Once published, the notice will describe the eligibility criteria for participation in the stateside visa renewal pilot program. The eligibility criteria and other details of the pilot program will be found in the Federal Register notice once published, however it appears that the pilot program will begin in early 2024 and will be limited to H-1B visa applicants who are not subject to reciprocity fees. The launch of the stateside renewal program will be a limited pilot to serve as a test, with a previously expressed intent to expand this program after correcting any issues identified during the pilot.

Currently, those seeking a nonimmigrant visa must apply at a U.S. consular post outside of the U.S., and the application process can be burdensome, costly, and lengthy, with some individuals experiencing prolonged absences from the U.S. This new pilot program, and hopefully an expanded program to follow, will provide foreign nationals with a more efficient and safer way to obtain nonimmigrant visas to facilitate international travel.

Seyfarth Shaw’s Business Immigration Group will continue to closely monitor this developing situation.