Immigration Updates: The Return of U.S. Stateside Visa Processing and Expansion of Premium Processing for F-1 Students

Tarter Krinsky & Drogin LLP
Contact

Over the past week, the State Department and USCIS have issued several significant updates, including the return of U.S. stateside visa processing and the expansion of premium processing for F-1 students.

U.S. Stateside Visa Processing Will Return This Year!

The U.S. Department of State recently announced it would be returning to stateside visa revalidation for the H and L visa categories some time later this year. Stateside visa processing or the “visa revalidation” process was abandoned by the agency in 2004 in the aftermath of the 9/11 terror attacks. During the pandemic, many in the immigration field advocated for return of stateside visa revalidation due to global travel restrictions, but the agency could not facilitate this demand.

The process for stateside processing has, since 2004, applied exclusively to diplomats and NGO’s. Visa revalidation or renewal will obviate the need for foreign nationals in H or L visa status from traveling to home countries or third countries to renew their visa stamps after securing extensions of stay from U.S. Citizenship and Immigration Services and will further ease the backlogs for visa renewals at consular posts abroad. The State Department will have to ramp up its operations to facilitate the passport transmittal to Washington, D.C. and the accompanying biometrics requirement that was introduced after 9/11.

In the past, the process included forwarding passports, photos, notices of action from USCIS, and a fee to the U.S. Department of State. Processing would generally take less than a month and a new visa endorsement would facilitate travel for the foreign national for the duration of stay granted by USCIS as noted on its extension notice.

The H1B and L1 visas are the most frequently used nonimmigrant visas for specialty occupation workers and intra-company transfers. Dependent family members were also able to renew passports in the past without traveling back to their home countries. This convenient method of renewing visas will likely benefit U.S. businesses by saving time and effort for employees who otherwise would have to spend lengthy periods of time abroad merely to renew their visa stamps for uninterrupted international travel.

USCIS Announces Expansion of Premium Processing Service For F-1 Students

On March 6, 2023, USCIS announced the expansion of premium processing for F-1 students with pending Form I-765, Application for Employment Authorization. Starting on March 6, 2023, F-1 students with pending Forms I-765 applications may file premium processing service requests either online or via paper form.

The following categories of F-1 students with pending Forms I-765 applications are eligible to apply for premium processing service:

  • Pre-Completion Optional Practical Training Applicants
  • Post-Completion/Graduation Optional Practical Training Applicants
  • 24-Month Extension of Optional Practical Training for STEM students

Starting on April 3, 2023, USCIS will accept premium processing requests for initial or concurrently filed Forms I-765 Applications.

  • Premium Processing Request Fee: $1,500.00.
  • Processing Timeframe: 30 calendar days

USCIS notes that this expansion of premium processing services is part of its efforts to increase efficiency and reduce burdens to the immigration system.

[View source.]

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Tarter Krinsky & Drogin LLP | Attorney Advertising

Written by:

Tarter Krinsky & Drogin LLP
Contact
more
less

Tarter Krinsky & Drogin LLP on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide