Pilot Program To Renew Certain H-1B Visas in the United States Begins on Jan. 29, 2024

Category: Client Alerts
Date: Jan. 11, 2024
Title: Pilot Program To Renew Certain H-1B Visas in the United States Begins on Jan. 29, 2024

In recognition of the hardships associated with visa processing abroad, the U.S. Department of State (DOS) recently announced a pilot program for the domestic visa renewal (“renewal in the U.S.”) for certain H-1B holders. This pilot program, which is voluntary, will accept applications from Jan. 29, 2024, to April 1, 2024.

Background

In 2004, the DOS discontinued a program that allowed nonimmigrants to renew their visas while remaining in the United States. Since that time, nonimmigrants have had to travel to the U.S. consulates abroad in order to apply for a renewal of their visas. The travel costs and time delays to get a visa abroad have made this an onerous process for businesses and their employees.

The DOS recently announced a pilot program for the domestic visa renewal for certain H-1B holders. This pilot program will accept applications from Jan. 29, 2024, to April 1, 2024, and is limited to applicants who meet the following criteria:

Eligibility Criteria

1. Applicants seeking to renew an H-1B visa. Note: During the pilot program, the DOS will not process any other types of visas, including H-4s for dependents of H-1B applicants.
2. The applicant’s prior H-1B visa must have been issued by a U.S. embassy or consulate in Canada between Jan. 1, 2020, and April 1, 2023, or by a U.S. embassy or consulate in India between Feb. 1, 2021, and Sept. 30, 2021.
3. Applicants are not subject to a nonimmigrant visa issuance fee (commonly referred to as a “reciprocity fee”).
4. Applicants are eligible for an in-person interview waiver.
5. Applicants must have submitted 10 fingerprints to the DOS in connection with a previous visa application.
6. The applicant’s prior visa does not include a “clearance received” annotation.
7. Applicants do not have a visa ineligibility issue that would require a waiver prior to visa issuance.
8. Applicants must have an approved and unexpired H-1B petition.
9. Applicants were most recently admitted to the United States in H-1B status.
10. Applicants are currently maintaining H-1B status in the United States.
11. The applicant’s period of authorized admission in H-1B status has not expired.
12. The applicant intends to reenter the United States in H-1B status after a temporary period abroad.

Application Process

The DOS will begin accepting online applications for this pilot program on Jan. 29, 2024. To submit an application, applicants must go to the following website: https://travel.state.gov/content/travel/en/us-visas/employment/domestic-renewal.html. The pilot program will be limited to approximately 20,000 H-1B visa holders. The DOS will release approximately 2,000 application slots each week for those whose most recent H-1B visas were issued by a U.S. embassy or consulate in Canada and approximately 2,000 application slots for those whose most recent H-1B visas were issued by a U.S. embassy or consulate in India (approximately 4,000 in total each week). The slots will be released on the following dates: Jan. 29, Feb. 5, Feb. 12, Feb. 19 and Feb. 26. Once the weekly limits are reached, the online application portal will be locked until the date on which the next group of appointment slots becomes available. The application process will close when all slots are filled or on April 1, 2024, whichever comes first.

Each applicant for a domestic H-1B visa renewal will need to submit the following documents: a properly completed and electronically filed DS-160, Online Nonimmigrant Visa Application; one passport-type photograph; a passport (valid for at least six months); an original or a copy of the applicant’s current Form I-797, Notice of Action; and an original or a copy of the applicant’s Form I-94, Arrival-Departure Record. Applicants will also be required to pay the $205 Machine-Readable Visa (MRV) fee online using a major debit or credit card.

The average processing time for a domestic visa renewal application is expected to be six to eight weeks from the time that the passport and other required documents are received by DOS. The DOS will not accept requests for expedited processing.

While this pilot program is limited in scope, we expect the program to be expanded in the future to other individuals and visa categories.

If you have any questions or need additional information about this alert, please feel free to contact us.