Department of State Announces Domestic Visa Renewal Pilot for Certain H-1B Visa Applicants

Foley Hoag LLP
Contact

Foley Hoag LLP

Key Takeaways:
  • The State Department announced a pilot program for domestic visa renewals for certain qualified H-1B visa applicants.
  • The pilot is limited to certain H-1B visa applicants whose previous visa was issued by Mission Canada or Mission India in a certain time interval, among other requirements.
  • The application period for the pilot begins January 29, 2024, with roughly 20,000 application slots available for the duration of the pilot.
  • The brief below outlines the pilot eligibility and required information for applicants during the application period.

Background
On December 21, 2023, the State Department announced a pilot program to resume domestic visa renewals for certain qualified H-1B nonimmigrant visa applicants. For the last 20 years, H-1B visa holders have been required to leave the U.S. to renew visas after stateside reprocessing of temporary visas was discontinued.

The State Department did not have the capacity to collect biometric identifiers required by the Enhanced Border Security and Visa Entry Reform Act of 2002, so most visa applicants were required to apply for new visas outside the U.S. where fingerprints could be collected at a U.S. embassy, consulate, or other facility.

By announcing this pilot, the Department is looking to alleviate the uncertainty experienced by U.S. companies who employ large numbers of temporary workers, which includes healthcare companies, semiconductor manufacturers, and the tech industry. While the pilot is limited to certain H-1B applicants, the State Department indicated they are developing processes to include other visa categories in the future, which will be based on data and feedback from this pilot. Ultimately, a key goal of this pilot is to assess whether the pilot can meaningfully reduce worldwide visa wait times by shifting certain workloads from overseas posts back to the United States.

Pilot Eligibility
As noted above, the State Department is limiting the scope of the pilot initially to only H-1B applicants. A key requirement for participation in the pilot is that H-1B applicants qualify for a waiver of the in-person interview requirement and have fingerprints on file with the Department in connection with a prior visa.

Another key requirement is that the prior H-1B visa that is being renewed was issued by Mission Canada (with an issuance date from January 1, 2020, through April 1, 2023) or by Mission India (with an issuance date of February 1, 2021, through September 30, 2021). Limiting the scope to these two missions and time intervals provides enough cases from a variety of applicants and will help assess the performance and capabilities of those who manage the majority of the Department’s worldwide visa processing.

Eligible applicants must also not be subject to a nonimmigrant visa issuance fee, or reciprocity fee; do not have visa ineligibility that would require a waiver prior to visa issuance; or have a prior visa with a “clearance received” annotation. Applicants must also have an approved and unexpired H-1B petition; were most recently admitted to the U.S. in H-1B status; are currently maintaining H-1B status in the U.S.; and intend to reenter the country in H-1B status after a temporary period abroad.

Individuals who do not wish to participate in this pilot may continue to apply overseas at a U.S. embassy or consulate.

Application Period
Beginning January 29, 2024, and each Monday thereafter through February 2024, the Department will release approximately 4,000 application slots, roughly split evenly between applicants whose recent H-1B visas were issued by Mission Canada and by Mission India. Once the limit is reached each week, the online portal will be locked until the following Monday when the next batch of slots are released.

The application period for the pilot will close when all application slots are filled or on April 1, 2024, whichever comes first. To view the website where online applications will be accepted, please click here.

Application Information
The average processing time for a domestic visa renewal application is expected to be six to eight weeks from the time that passports and other required documents are received. Unfortunately, the Department will not consider requests for expedited processing and will aim to complete all applications no later than May 1, 2024.

After completing a self-assessment, qualified applicants must electronically complete and submit Form DS-160 and pay the required $205 non-refundable fee. Other required documents include:

  • One photograph (taken within the last six months) which meets State Department requirements.
  • A passport valid for travel to the United States, 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.
  • The original or a copy of the applicant’s current Form I-797, Notice of Action; and,
  • The original or a copy of the applicant’s Form I-94, Arrival-Departure Record.

As noted in the announcement, domestic issuance of a visa through the pilot program is not guaranteed.

Next Steps
The first application period for domestic visa renewal opens January 29, 2024 and will continue each Monday throughout February 2024. If the pilot goes well and faces minimal operational challenges, it is possible the Department will expand it to other visa categories.

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.

© Foley Hoag LLP | Attorney Advertising

Written by:

Foley Hoag LLP
Contact
more
less

Foley Hoag 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