Seyfarth Synopsis: The below summarizes the Department of State’s Formal Notice to Resume Renewal of H-1B Nonimmigrant Visas in the United States for Certain Qualified Noncitizens.
On December 21, 2023, the Department of State (“DOS”) published the official rule in the Federal Register announcing the “Pilot Program to Resume Renewal of H-1B Nonimmigrant Visas in the United States for Certain Qualified Noncitizens.” The highly anticipated stateside visa renewal pilot program will begin on January 29, 2024, and end on April 1, 2024.
This official notice comes almost 20 years after the DOS discontinued a similar visa renewal program following the passage of the Enhanced Border Security and Visa Entry Reform Act of 2002, which required U.S. visas issued after October 2004 to include biometrics. Because DOS at the time did not have the capacity to collect fingerprints, all non-diplomatic visa applicants were required to apply outside the U.S.
While the pilot program is of limited scope, especially for Indian nationals, DOS intends to hopefully expand the program to adjudicate additional visa categories in the future. The goal of the pilot is to test DOS’ ability to resume domestic visa renewals and to assess the efficacy of the program in reducing worldwide visa wait times. Below is a high-level summary of the program’s requirements for participation, application process, and how to apply.
1. Requirements for Participation in the Pilot Program
Participation in the pilot program is voluntary and limited to only principal H-1B applicants. No other visas, including H-4 dependents, will be processed.
In addition, H-1B principal applicants must meet the following requirements:
- Seeking to renew their H-1B visa during the pilot phase between January 29, 2024, and April 1, 2024;
- 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 of February 1, 2021 through September 30, 2021;
- Not subject to a reciprocity fee;
- Eligible for an in-person interview waiver under section 222(h) of the Immigration and Nationality Act;
- Previously submitted ten fingerprints to the DOS in connection with a prior visa application;
- Prior visa must not include a “clearance received” annotation;
- No visa ineligibility that would require a waiver prior to issuance;
- Have an approved and unexpired H-1B petition, have been most recently admitted to the U.S. in H-1B status, and currently maintaining H-1B status in the United States; and,
- Intend to reenter the U.S. in H-1B status after a temporary period abroad.
2. Application Period and Release Dates of the Pilot Program
DOS will begin accepting online applications for the pilot program on January 29, 2024 via https://travel.state.gov/content/travel/en/us-visas/employment/domestic-renewal.html. Each week, DOS will release approximately 2,000 application slots for applicants with prior H-1B visas from Mission Canada and approximately 2,000 slots for applicants with prior H-1B visas from Mission India. The release dates for these 4,000 application slots will be as follows:
- January 29, 2024
- February 5, 2024
- February 12, 2024
- February 19, 2024
- February 26, 2024
Once the limit is reached, the online portal will be locked until the next application date. The application process will close when all slots are filled or on April 1, 2024, whichever date is sooner.
3. Steps to Apply for the Pilot Program and Required Documents
To complete an application, applicants should navigate to the dedicated domestic visa renewal website: https://travel.state.gov/content/travel/en/us-visas/employment/domestic-renewal.html. From there, applicants will use the navigator tool to answer a series of questions to complete a self-assessment and determine eligibility for participation. If qualified, applicants must take the following steps:
- Complete and submit Form DS–160;
- Pay a $205.00 Machine-Readable Visa (MRV) application fee, and
- Receive instructions on where to mail passports and other required documents for processing via the U.S. Postal Service or commercial courier service.
- Under the pilot, each applicant must provide the following:
a. A properly completed and electronically filed DS-160.
b. One photograph (taken within the last six months), which meets the specifications at https://travel.state.gov/content/travel/en/passports/how-apply/photos.html
c. A passport valid for travel to the United States, which is valid for at least six months beyond the visa application date, and contains a blank, unmarked page for placement of a visa foil.
d. An original or copy of the applicant’s current Form I-797, Notice of Action.
e. An original or copy of the applicant’s I-94 Arrival-Departure Record.
4. Application Process and Processing Times
DOS will consider applications in the order received. Once received, applications will be sorted to determine whether they fall within the scope of the pilot. Applications and passports that do not pass this initial sorting process will be returned to applicants, with no refund of the application fee. Applications that satisfy the initial sorting requirement will be forwarded for adjudication by DOS.
According to DOS the average processing time under the pilot program is expected to be 6-8 weeks from the time the passport and documents are received by DOS, and the agency aims to complete processing of all applications by no later than May 1, 2024.
Applicants may check the status of their application at: https://ceac.state.gov/CEACStatTracker/Status.aspx?App=NIV. However, DOS will not provide status updates on applications and will not consider requests for expedited processing. If an applicant applies for domestic visa renewal through the pilot and subsequently learns that they must travel urgently, they may withdraw their application and request return of their passport. If the applicant withdraws their application, it will be refused under INA 221(g) and the MRV fee will not be refunded. The INA 221(g) refusal will not prejudice any future application.
5. Application Refusals and Returns
DOS outlines two main instances in which a visa application under the pilot program will be refused:
- Failure to satisfy the Program Requirements: Visa applications will be refused under section 221(g) of the INA if the applicant fails to satisfy the requirements for domestic renewal under the pilot program set out above. In such cases, those applicants will have to file a new DS–160 with a new MRV fee payment at an embassy or consulate overseas.
- Failure to Provide Required Documentation or Information: DOS will also refuse an application under section 221(g) of the INA if the applicant fails to provide required documentation or information. DOS will allow applicants an opportunity to submit any outstanding documents or information, or correct any minor errors in the application, by April 15, 2024. If the applicant provides the requested information by this deadline and DOS can issue the visa through the pilot program, the DOS will overcome the 221(g) refusal and issue the visa.
6. Conclusion
While the stateside visa renewal program is currently in a pilot phase with limited eligibility, the program marks a positive step toward streamlining visa processing and reducing wait times. DOS has expressed that they will continue working to develop processes to adjudicate additional visa categories, leveraging real time data and feedback from the pilot to hopefully expand the program.
