Stateside Pilot Program Will Issue H-1B Visa Stamps From Within the US

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On January 29, 2024, the U.S. Department of State (DOS) will begin accepting online H-1B visa stamp applications at this web address for a limited number of qualifying applicants to receive H-1B visa stamps from within the U.S. rather than at a U.S. embassy or consulate abroad. This long-awaited pilot program is initially only for certain individuals whose most recent H-1B visa stamps were issued in India or Canada.

What Are the Requirements for Participating in the Pilot Program?

Participation in the pilot program is voluntary and limited to only principal H-1B applicants. No other visas, including H-4 dependents, will be processed.

Additionally, H-1B principal applicants must meet the following requirements, summarized below:

  1. Seek to renew the H-1B visa during the pilot phase between Jan. 29, 2024, and April 1, 2024.
  2. Renewing a previous H–1B visa issued by Mission Canada with an issuance date from Jan. 1, 2020 through April 1, 2023, or by Mission India with an issuance date of Feb. 1, 2021 through Sept. 30, 2021.
  3. Not subject to any reciprocity fee and eligible for an in-person interview waiver under Section 222(h) of the Immigration and Nationality Act.
  4. Previously submitted 10 fingerprints to the DOS in connection with a previous visa application.
  5. Previous visa must not include a “clearance received” annotation and no visa ineligibility that would require a waiver for issuance of the visa.
  6. Have an approved and unexpired H-1B petition, have been most recently admitted to the U.S. in H-1B status, and currently maintain H-1B status in the United States; and will reenter the U.S. in H-1B status after a temporary period abroad.

DOS will release approximately 2,000 application slots for those whose most recent H-1B visas were issued by Mission Canada, and approximately 2,000 for those whose most recent H-1B visas were issued by Mission India (approximately 4,000 total each week) on the following dates:

  • January 29
  • February 5
  • February 12
  • February 19
  • February 26

Every application received will be counted against an approximate 2,000 maximum weekly limit for each participating Mission. When the limit is reached, the online portal will be locked until the next tranche of slots is released on the next application date. Those unable to apply on one date may try their luck on any of the remaining application dates during the entry period. The pilot program application period will close when all slots are filled or on April 1, 2024, whichever comes first.

Completing the Online Application for the Pilot

To complete an application, applicants must navigate to the dedicated domestic visa renewal website available here. This site will direct applicants to select the host-country post of their most recent H-1B visa issuance (either Canada or India). Applicants should then be taken through a navigator tool to assist them in assessing their eligibility to participate in the pilot program. DOS will not retain applicant responses to questions in the navigator tool.

After completing the self-assessment, qualified applicants must electronically complete and submit Form DS-160. Qualified applicants should also receive instructions through the portal on how to pay the required, nonrefundable, nontransferable Machine-Readable Visa (MRV) application processing fee and where to mail their passports and other required documents.

The navigator can’t screen out all unqualified applicants. As a result, applications may be returned unadjudicated for failure to satisfy the pilot program requirements or possibly adjudicated and refused based on failure to qualify for an interview waiver. In either case, the MRV application processing fee payment will not be refunded.

Application Processing

DOS will consider applications in the order received. Applicants may check the status of their application here. DOS will not provide nonautomated status reports on individual applications, other than to return an application, issue a visa, or issue a refusal. Expedited processing is not available.

After online submission of the DS-160 and payment of the nonrefundable, nontransferable MRV fee, applicants should receive instructions through the portal to send their passports and other required documents to DOS via the U.S. Postal Service or commercial courier service.

Applications will be sorted to determine if they are within the scope of the pilot program. Those that are not within the scope of the Program will be returned to applicants unadjudicated, but the filing fee will not be refunded. Applications that meet the initial sorting requirements will be forwarded for review and adjudication by authorized DOS employees. On average, processing time is expected to be 6 to 8 weeks from the time when DOS receives the passport and other required documents. DOS’s goal is to complete processing of all applications by May 1, 2024.

As mentioned, expedited processing is not available. So, an applicant who anticipates urgent travel may be better off applying for visa renewal overseas where they have a residence or are physically present. If an applicant applies under the pilot program then needs to travel urgently, the applicant may withdraw their application and request the return of their passport through the online portal. If the applicant withdraws their application, it will be refused and the MRV fee will not be refunded. The refusal will not prejudice their future applications.

Of course, visa issuance under the pilot program is not guaranteed. If the application does not satisfy the pilot program requirements for any reason, including a determination that the applicant requires an interview, the applicant may reapply by filing a new visa application at a U.S. consulate or embassy abroad where they have a residence or are physically present. A new MRV fee will be needed.

Required Documents

Be prepared. Each applicant for H-1B visa renewal under the pilot program must submit the following:

  • Properly completed and electronically filed DS-160, Online Nonimmigrant Visa Application.
  • One photograph (taken within the last six months), which meets the specifications listed here.
  • Passport valid for travel to the U.S., which is valid for at least six months beyond the visa application date, and contains a blank, unmarked page for placement of a visa foil.
  • Original or a copy of the applicant’s current Form I-797 H-1B Notice of Action (approval).
  • Original or a copy of the applicant’s Form I-94, Arrival-Departure Record (available here).

Fee Payment

After completing their DS-160, applicants must pay the required $205 nonrefundable and nontransferable MRV fee via the online portal. Only a major debit or credit card may be used. Payment confirmation will be provided at the time and we recommend printing / saving the confirmation.

Where to Send Passports and Other Required Documents

After completing the DS-160 and paying the MRV fee, applicants should be provided information via the portal on where and how to send their passports and required documentation.

Visa and Documentation Return

Issued visas, passports and other documents submitted by the applicant as part of the process will be returned via U.S. Postal Service or commercial courier. Note that issuance of a visa in the U.S. is NOT a grant of nonimmigrant status, does not constitute an extension of current nonimmigrant status, and does not constitute an admission to the U.S. The visa stamp only permits the applicant to seek entry/admission at a U.S. port of entry after overseas travel and it is not a guarantee of admission to the U.S.

Foreign nationals seeking to extend or maintain their status while in the U.S. must timely take any necessary steps per usual practice. For those in H-1B status, this requires an employer/petitioner.

Out-of-Scope Case Returns

DOS will return “out-of-scope” cases without adjudication and without a refund of the MRV fee, including:

  • Any application that seeks to renew a visa other than an H-1B visa.
  • Any application where the prior H-1B visa was not issued by Mission Canada with an issuance date of Jan. 1, 2020, through April 1, 2023; or by Mission India with an issuance date of Feb.1, 2021, through Sept. 30, 2021.
  • Any application that is subject to a nonimmigrant visa issuance fee (reciprocity fee.) An applicant may research reciprocity fees by country and visa class here. [Note that this information for India appears here.]
  • Any application where the prior visa includes a “clearance received” annotation.

[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.

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