LawFlash

State Department to Launch Stateside Visa Renewal Pilot Program in Late January

December 22, 2023

The US Department of State announced on December 21 the launch of a stateside visa renewal pilot program, which will be limited to approximately 20,000 nonimmigrant visa holders during its initial pilot run, which starts on January 29, 2024.

The Department of State (DOS) will release approximately 4,000 application slots during each of the pilot’s initial five weeks. Nonimmigrant employees who were issued H-1B visas from Mission Canada between January 1, 2020 and April 1, 2023—or from Mission India between February 1, 2021 and September 30, 2021—may be eligible to apply during this pilot. The resumption of stateside renewals is a way for the DOS to address consular processing delays and gaps in employment while reducing visa wait times.

Eligibility Requirements

DOS is initially limiting the scope of the pilot program to applicants issued visas by Mission Canada or India during specified dates and H-1B principal applicants (not their dependents) to properly assess the performance and capabilities of the contractors managing the majority of the department’s worldwide visa processing and to address technical and operational challenges before expanding the program to other visa categories.

Pilot program participation will be limited to applicants who:

  1. Are only seeking to renew an H-1B visa; during the pilot phase, the DOS will not process any other visa classification.
  2. Were issued their H-1B visa by Mission Canada between January 1, 2020 and April 1, 2023 or by Mission India between February 1, 2021 and September 20, 2021.
  3. Are not subject to a nonimmigrant visa issuance fee (also known as a “reciprocity fee”).
  4. Are eligible for a waiver of the in-person interview requirement.
  5. Have submitted 10 fingerprints (biometrics) to the DOS with a previous visa application.
  6. Have a prior visa that does not include a “clearance received” annotation.
  7. Do not have a visa ineligibility that would require a waiver prior to visa issuance.
  8. Have an approved and unexpired H-1B petition.
  9. Were most recently admitted to the United States in H-1B status.
  10. Currently maintain H-1B status in the United States.
  11. Have a period of authorized admission in H-1B status after a temporary period abroad.

Application Processing

Applicants will be considered in the order received. After the online submission of the DS-160 nonimmigrant visa application form and payment of the non-refundable MRV fee, applicants will receive instructions to send their passports and other required documents to DOS. The average processing time for a domestic visa renewal application is expected to be six to eight weeks from the time the passport and other required documents are received.

This pilot program is a welcome development as the domestic renewal of nonimmigrant visas has been discontinued by DOS since 2004, primarily as a result of the Enhanced Border Security and Visa Entry Reform Act of 2002, which requires US visas issued after October 26, 2004 to include biometric identifiers. The pilot program has eliminated the concerns regarding biometrics collection by limiting participation to individuals who (1) have already submitted fingerprints for a previous visa application, (2) are eligible for a waiver of the in-person interview requirement, and (3) meet other applicable requirements.

The goal of this pilot program is to test DOS’s technical and operational ability to resume domestic visa renewals for specific nonimmigrant classifications and to assess the efficacy of this program in reducing worldwide visa wait times by shifting workloads from overseas posts to the United States.

Contacts

If you have any questions or would like more information on the issues discussed in this LawFlash, please contact any of the following:

Authors
Eleanor Pelta (Washington, DC)
Annamaria Racota (Washington, DC)

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