January 05, 2024

The Department of State (DOS) has announced a pilot program concerning H-1B visa holders. This program would allow some holders to renew their visas without traveling abroad. However, this pilot program has listed several limitations for domestic visa renewals.

It will only renew some H-1B visas issued by DOS consular offices in India and Canada. While this pilot program takes place, the DOS will develop processes for adjudicating more employer-sponsored visa categories. The Department will use data obtained during the pilot program to expand it. Interested employers can apply from January 29, 2024, to April 4, 2024.

Previously, certain visa holders could renew their visas within the United States, but this ended in 2004. If the pilot program succeeds, it may permanently restart the domestic renewal of non-diplomatic nonimmigrant visas. The pilot program will test the technical and operational ability of the DOS to restart domestic visa renewals for some nonimmigrant visa classifications. 

The DOS also intends to determine if the program will reduce worldwide visa wait times. The Department would compare the wait times in other countries to those renewing in the United States. The pilot program is consistent with the DOL’s goal of changing the experience of federal customers and its service delivery, helping rebuild their trust in the government.

Eligibility

There are limits on who is eligible to participate in the program. “Participation in this pilot will be limited to the following applicants:

• Seeking to renew an H-1B visa; during the pilot phase, the Department will not process any other visa classifications;
• The prior renewed H-1B visa 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;
• Are not subject to a nonimmigrant visa issuance fee (also known as a “reciprocity fee”);
• Are eligible for a waiver of the in-person interview requirement; 
• Have submitted ten fingerprints to the Department 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 before 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; 
• The 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.”

Applying for the Program 

Starting on January 29, 2024, there will be 4,000 application slots made available each week by the DOS. The DOS will split these slots in half, issuing 2,000 in Canada and 2,000 in India. Interested parties must submit a DS-160 application online and pay the $205 non-refundable MRV fee. 

The application must include the following:

• “A correctly completed and electronically filed DS-160, Online Nonimmigrant Visa Application;
• One photograph (taken within the last six months) that meets the specifications is at https://travel.state.gov/content/travel/en/passports/how-apply/photos.html; 
• A passport for travel to the United States, valid for at least six months beyond the visa application date, containing 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;
• The original or a copy of the applicant’s Form I-94, Arrival-Departure Record (available at DHS website or on Form I-797).”

The portal will provide instructions on where and how to send the required passport and other necessary documents. The application typically takes six to eight weeks from when the DOS receives the documents for processing. In addition, employees and their employers must remember that a visa does not grant nonimmigrant status or an extension of nonimmigrant status. 

Employers should also remember to complete the employment eligibility verification (Form I-9) process for all foreign nationals they hire. However, this can be more difficult for these workers due to the many documents they may present. The best way to accurately and consistently complete Form I-9 is to use an electronic I-9 management system. This tool will guide employers through the process and safely store all forms and documentation. 

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