On December 21, 2023, the U.S. Department of State (DOS) announced a pilot program to implement limited stateside visa renewal processing for certain qualified H-1B visa applicants.
The application period begins January 29, 2024 and will go through April 1, 2024.
Under the program, qualified applicants will not need to leave the United States to renew their visas with a U.S. Consulate or Embassy abroad as is the case now. Rather, if issued a stateside visa, applicants can obtain their visas while they are physically present in the United States. This way, they can have their visas already in hand when traveling outside the country. This is welcome news for both applicants and employers who can face major uncertainty not knowing how long it will take to receive visas in light of continued visa processing delays and backlogs.
While the news is an important step forward, we emphasize that (1) the initial application period is only two months long, and (2) eligibility is limited to applicants who wish to renew their H-1B visas that were previously issued by either Mission Canada or Mission India. DOS explains in its Federal Register notice that the program is limited to these countries to make the pilot results meaningful without overwhelming agency resources. For this reason, too, the scope is limited to H-1B visas for principal applicants only. It does not apply to applicants for any type of visa other than an H-1B visa.
This article summarizes some key take-aways from the pilot program:
- What is the goal of the pilot program?
The goal of the pilot program is to test out the DOS’s technical and operational ability to resume domestic visa renewals and assess efficiency for reducing worldwide visa wait times.
The DOS previously discontinued its domestic visa renewal in 2004 mainly because of the requirement to include biometric identifiers for visa applicants, and the DOS did not have the capability of capturing fingerprints in the United States. For this reason, all non-diplomatic visa applicants must apply for new visas abroad where fingerprints can be collected.
In its notice, the DOS explains that while the agency still does not have the capability of capturing fingerprints for visa applicants in the U.S., this can be overcome in the new pilot program because eligibility is limited to renewal applicants who have previously submitted fingerprints for a visa application and are eligible for a waiver of the in-person interview.
- What nonimmigrant visa category is eligible under the pilot program?
Only H-1B principal applicants are eligible for stateside visa renewal under the pilot program. No other type of nonimmigrant visa classification is eligible at this time, including H-4.
- Which countries apply to the pilot program?
Only H-1B applicants who were previously issued visas by Missions Canada or India are eligible.
- What are the full eligibility requirements to apply?
The following individuals may apply to renew their visas domestically under the pilot program:
The DOS provides a list of twelve eligibility requirements, specifically for applicants who(se):
- Are seeking to renew an H-1B visa; during the pilot phase;
- Prior H-1B visa that is being renewed was issued by either–
- Mission Canada with an issuance date from January 1, 2020 through April 1, 2023, or
- Mission India with an issuance date of February 1, 2021 through September 30, 2021;
- Are not subject to a nonimmigrant visa issuance fee (also referred to as a reciprocity fee);
- Are eligible for a waiver of the in-person interview requirement;
- Have submitted ten fingerprints to the DOS in connection with a previous visa application;
- Prior visa does not include a “clearance received” annotation;
- Do not have a visa ineligibility that would require a waiver prior to visa issuance;
- Have an approved and unexpired H-1B petition;
- Were most recently admitted to the United States in H-1B status;
- Are currently maintaining H-1B status in the United States;
- Period of authorized admission in H-1B status has not expired; and
- Intend to reenter the United States in H-1B status after a temporary period abroad.
The DOS emphasizes that participation in the pilot program is voluntary. This means that individuals who meets the above criteria for renewing their H-1B visas domestically do not have to renew their visas under the pilot program. Rather, they may still apply overseas at a relevant U.S. Consulate or Embassy.
- When is the application period?
The application period for eligible applicants runs from January 29, 2024 through April 1, 2024.
- What is the process for applying?
Once the application period begins (on January 29, 2024), the DOS will accept applications through an online site at https://travel.state.gov/content/travel/en/us-visas/employment/domestic-renewal.html.
There, applicants will be directed to navigate through various steps, including confirming the host-country post of the most recent H-1B visa issuance (Canada or India), completing other assessment questions for participating in the pilot program, submitting the Form DS-160 and paying the non-refundable visa application fee, and confirming where to mail passport and other required documents for processing of the visa application. The DOS notice emphasizes that the preliminary assessment questions are not capable of screening out all qualified application, so it is possible for visa applications to be returned/refused if determined ineligible after materials are mailed in. The fee is non-refundable.
- How long will the process take under the program?
The DOS Federal Register notice explains the average processing time anticipated for domestic visa renewal is 6-8 weeks from the time the passport and other required documents are received by DOS.
The agency aims to complete processing of all visa renewal applications by May 1, 2024. According to the DOS, the agency will not consider any requests for expedited processing, so individuals with an urgent need for visa issuance and travel may wish to consider applying at the relevant U.S. Consulate/Embassy overseas.
More information can be found in the Federal Register notice and AILA public press release information.
Nilan Johnson Lewis will continue to monitor the pilot program and provide information as it develops.
