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U.S. Announces Pilot Program on Stateside Renewal of H-1B Visas

  • February 10, 2024
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The pilot program, which enables certain H-1B visa holders to secure a travel visa within the United States, eliminating the need to depart the country for visa renewal, is scheduled to operate from January 29 to April 1, 2024. It will accept applications from a maximum of 20,000 H-1B visa holders whose prior H-1B visas were issued within specific time frames by U.S. diplomatic missions in Canada or India.

Background

Domestic visa renewals have been unavailable since 2004, mainly due to security-related requirements, particularly the acquisition of biometric data. At the time, the U.S. Department of State DOS had determined that collecting biometrics from applicants within the United States was not practical. The pilot will be open only to a limited number of H-1B visa holders, but it could be expanded to other individuals and visa categories later this year.

Eligibility for the Program

The eligibility criteria are as follows:

• This pilot program exclusively focuses on the renewal of H-1B nonimmigrant visas and excludes processing for other visa categories, such as H-4 visas for dependent spouses and children.
• The H-1B visa being renewed must have been issued by U.S. Mission Canada with an issuance date between January 1, 2020, and April 1, 2023, or by U.S. Mission India with an issuance date between February 1, 2021, and September 30, 2021.
• Applicants should not be subject to a nonimmigrant visa issuance fee, commonly known as a “reciprocity fee.”
• Eligibility for a waiver of the in-person interview requirement is a requirement.
• Applicants must have previously submitted ten fingerprints to the Department in connection with a prior visa application.
• The prior visa should not include a “clearance received” annotation.
• There should be no visa ineligibility requiring a waiver before visa issuance.
• Applicants must have been most recently admitted to the United States in H-1B status and currently maintain H-1B status.
• An approved and unexpired H-1B petition is a prerequisite for application.
• The period of authorized admission in H-1B status must not have expired.
• Applicants must intend to reenter the United States in H-1B status after a temporary period abroad.

Steps to Apply for the Program

  1. Choose the country where your most recent H-1B visa was issued. Please note that this initial pilot program is limited to the renewal of visas issued in India and Canada. Utilize the online navigator tool to evaluate your eligibility for participation in the pilot.
  2. If you meet the participation requirements, proceed to the CEAC portal and follow the provided instructions to complete and submit your Online Nonimmigrant Visa Application (Form DS-160).
  3. Through the online portal, make the necessary payment of the non-refundable and non-transferrable Machine-Readable Visa (MRV) application processing fee, which amounts to $205.00.
  4. Refer to the portal for guidance on sending your passport and other essential documents for processing.

Application slots will be released on the following entry period dates

• January 29, 2024
• February 5, 2024
• February 12, 2024
• February 19, 2024
• February 26, 2024

Prospective applicants must exclusively utilize the provided portal during the specified dates mentioned above. The application window will conclude either when all available slots are filled or on April 1, 2024, whichever occurs first. DOS has released an extensive FAQs regarding the pilot program.

Conclusion

This program marks the initial phase of a significantly broader visa renewal initiative that will encompass a wider array of visa categories and extend eligibility to more applicants. DOS is expected to introduce a more streamlined and secure approach for visa renewals, providing an attractive alternative to mandatory international travel. We will continue to provide updates on this topic as they become available.