The Department of State (“DOS”) has announced the launching of a Stateside Renewal Visa Pilot Program, which will initially be limited to approximately 20,000 H-1B participants.
The DOS officially published the rule December 21, 2023, in the Federal Register.[1] The stateside visa renewal pilot program is scheduled to begin on January 29, 2024, and will end on April 1, 2024. DOS states that the goal of this pilot program is to test the Department'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 certain workloads from overseas posts to the United States.
The notice describes, among other things, the requirements for participation, the application process, and how applications will be processed and adjudicated, a summary of which is as follows:
Eligibility for the Stateside Visa Renewal Pilot Program
Participation is voluntary and at this time is limited to principal H-1B applicants who were previously issued visas from Mission India and Mission Canada who:
- Are seeking to renew an H-1B visa during the pilot phase between January 29, 2024, and April 1, 2024 (H-4 dependents are excluded from the pilot);
- Are renewing a prior H-1B visa issued 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;
- Are not subject to a nonimmigrant visa issuance (reciprocity) fee;
- Are eligible for an “in-person interview waiver”;
- Have submitted ten fingerprints to DOS in connection with the prior visa application;
- Prior visa doesn’t include a “clearance received” annotation;
- Do not have a visa ineligibility that would require a waiver prior to issuance;
- Have an approved and unexpired H-1B petition, were most recently admitted to the U.S. in H-1B status, and are maintaining H-1B status in the United States;
- Period of authorized admission in H-1B status has not expired; and
- Intend to reenter the U.S. in H-1B status after a temporary period abroad.
The Application Period for the Pilot Program
DOS will begin accepting online applications for this pilot beginning on January 29, 2024. Each week, DOS will release approximately 2,000 application slots for those whose most recent H-1B visa was issued by Mission Canada and approximately 2,000 application slots for those whose most recent H-1B visa was issued by Mission India. The dates of release will be January 29, 2024, February 5, 2024, February 12, 2024, February 19, 2024, and February 26, 2024.
Every application received will be counted against the approximate 2,000 maximum weekly limit for each participating mission. Once the weekly limits are reached for each mission, the online application portal will be locked until the next date makes the next group available. The application process will close when all slots are filled, or on April 1, 2024, whichever comes first.
Companies who have employees that may qualify for the Stateside Visa Renewal Pilot Program should consult with counsel on individual situations. If you have any questions, please contact Gunster’s Immigration Law practice.
The information herein is based upon a United States of State press release published on December 20, 2023, and by publication in the Federal Register on December 21, 2023.
[1] https://www.federalregister.gov/documents/2023/12/21/2023-28160/pilot-program-to-resume-renewal-of-h-1b-nonimmigrant-visas-in-the-united-states-for-certain
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This publication is for general information only. It is not legal advice, and legal counsel should be contacted before any action is taken that might be influenced by this publication.
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