Highly Anticipated Pilot Program for Domestic Renewal of H-1B Visas to Start January 29, 2024

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On October 17, 2023, the Department of State sent for review a Federal Register notice entitled "Pilot Program to Resume Renewal of H-1B Nonimmigrant Visas in the United States for Certain Qualified Noncitizens" to the Office of Information and Regulatory Affairs.

Tomorrow (December 21, 2023) the Department of State will release a notice announcing the pilot program to resume domestic visa renewal for qualified H-1B nonimmigrant visa applicants who meet certain requirements. The pilot program will accept online applications from 1/29/24 to 4/1/24. (The notice will be published in the Federal Register on 12/21/23.)

The pilot program will accept applications from January 29 to April 1, 2024. Participation in this pilot program will be limited to applicants who(se):

1. Are seeking to renew an H-1B visa; during the pilot phase, the Department will not process any other visa classifications;

2. Prior H-1B visa that is being renewed 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;

3. Are not subject to a nonimmigrant visa issuance fee (Note: this is commonly referred to as a “reciprocity fee”);

4. Are eligible for a waiver of the in-person interview requirement;

5. Have submitted ten fingerprints to the Department in connection with a previous visa application;

6. Prior visa 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. Are currently maintaining H-1B status in the United States;

11. Period of authorized admission in H-1B status has not expired; and

12. Intend to reenter the United States in H-1B status after a temporary period abroad.

*** The Good

One step closer to a hopefully more complete domestic visa renewal program that has not been available since 2004.

*** The Not Great for Now

The pilot program is limited to H-1B applicants. It does not include any other visa categories, including H-4s.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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