This post was updated on January 19, 2024 to include additional information provided by the Department of State.
WHAT’S HAPPENING
On January 29, 2024, the State Department (DOS) will open a long-awaited domestic visa renewal pilot program for eligible H-1B visa renewal applicants. The program allows certain applicants who received an H-1B visa from a U.S. embassy or consulate in Canada or India within specified dates to renew an H-1B visa from within the United States, sparing them the trip to a U.S. consulate abroad.
The program will be limited to 20,000 applications. DOS will release approximately 4,000 application slots per week for the first five weeks of the program, and will accept applications until all application slots are filled or until April 1, 2024, whichever comes first. Demand for the limited application slots is expected to be very high.
While the pilot program is limited in scope, DOS expects to expand the domestic visa renewal program to other visa categories and countries of issuance in the future. We will continue to post updates should the program expand.
DOS has posted guidance and FAQs about the domestic visa renewal pilot program on its website, as well as the link to an online eligibility assessment questionnaire that potential applicants can use to gauge their eligibility.
ELIGIBILITY
To be eligible for the pilot program, applicants must meet all of the following criteria:
They are seeking to renew an H-1B visa;
Their prior H-1B visa that is being renewed (or, if they changed employers after entry, the H-1B visa with which they entered the United States) was issued either by Mission Canada with an issuance date from January 1, 2020, through April 1, 2023, or by Mission India with an issuance date from February 1, 2021, through September 30, 2021;
They are not subject to a nonimmigrant visa issuance fee (i.e. “reciprocity fee”) based on their country of citizenship;
They are eligible for a waiver of the in-person interview requirement;
They submitted ten fingerprints to the State Department during a previous visa application;
Their prior visa does not include a “clearance received” annotation;
They do not require a waiver of visa ineligibility;
They have an approved and unexpired H-1B petition;
Their most recent admission to the United States was in H-1B status;
They are currently maintaining H-1B status in the United States and their H-1B I-94 Arrival/Departure Record has not expired; and
They intend to reenter the United States in H-1B status after a temporary period abroad.
THE APPLICATION PROCESS
To apply for the pilot program, applicants must first complete the online eligibility assessment questionnaire. If the applicant passes the initial assessment, they will be directed to apply for the pilot program online at a State Department website that will become operational closer to January 29, 2024. The application will involve the standard Form DS-160 nonimmigrant visa application and a nonrefundable $205 application fee. Note that the online eligibility assessment tool is not capable of screening out all non-eligible applicants, and that even if an applicant passes the initial eligibility assessment, there is a risk their application will be returned or refused based on ineligibility.
Applications will be limited each week to approximately 2,000 from applicants with visas issued by Consulates in India and approximately 2,000 from applicants with visas issued by Consulates in Canada. Each week, if the application limit is reached, the application website will close until the next set of application slots are released. Application slots will be released on the following dates:
January 29;
February 5;
February 12;
February 19; and
February 26.
After completing the online application, applicants will receive instructions on how to submit the following required documents by mail to DOS:
The completed and electronically filed Form DS-160;
One passport-size photograph that meets DOS specifications;
A passport valid for at least six months beyond the visa application date and containing a blank, unmarked page;
A copy of the applicant’s current Form I-797 showing an unexpired H-1B petition approval; and
A copy of the applicant’s unexpired Form I-94.
Once received, DOS will screen the application to determine whether the applicant is eligible for the pilot program. If the application does not pass the screening, it will be returned (less the nonrefundable fee). If the application does pass the screening, it will be adjudicated and processed, on average, between six (6) to eight (8) weeks from the time all required documents are received. DOS aims to process all accepted applications by May 1, 2024.
DOS will not expedite any applications. If an applicant anticipates urgent travel, they can withdraw their application and request the return of their passport. A withdrawn application will be considered a visa refusal for purposes of future visa applications, including ESTA applications for individuals traveling under the Visa Waiver Program.
IN CASES OF DENIAL
If an application is adjudicated and denied, the applicant may reapply for an H-1B visa renewal by filing a new application and another application fee at a U.S. consulate or embassy abroad where they have a residence or are physically present.
If DOS determines that an application is incomplete, DOS will refuse the application but may allow the applicant to cure minor defects like outstanding documents or minor errors in its discretion. In such cases, the applicant must provide the requested information by April 15, 2024. If the pilot program limit has not yet been met, the applicant can overcome the refusal and be issued the visa.
Please note that the above is for informational purposes and does not constitute legal advice. For specific questions about how the Domestic Visa Renewal Pilot Program may apply to your circumstances, please contact your team at D&S.