Updated January 30, 2024
On December 20, 2023, the Department of State (“DOS”) issued a Federal Register notice announcing that the highly anticipated stateside visa renewal pilot will begin on January 29, 2024, and end on April 1, 2024. The goal of the pilot is to test the agency’s technical and operational ability to resume domestic visa renewals for certain nonimmigrant visa categories and to study the effect of this program on reducing visa wait times worldwide. The pilot will be limited to certain H-1B applicants who previously applied for visas at Mission Canada or Mission India.
Pilot program requirements, application process, and timing details follow.
Applicant Pilot Program Requirements
To be eligible for stateside visa renewal, the applicant must:
Seek 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);
Seek to renew a prior H-1B visa issued by Mission Canada between January 1, 2020 and April 1, 2023, or by Mission India between February 1, 2021 and September 30, 2021;
Not be subject to a nonimmigrant visa issuance (reciprocity) fee;
Be eligible for an in-person interview waiver;
Have submitted ten fingerprints to DOS in connection with a prior visa application;
Not have a “clearance received” annotation on their prior visa;
Not have a visa ineligibility that would require a waiver prior to issuance;
Have an approved and unexpired H-1B petition (Form I-797), have been admitted to the U.S. in H-1B status, and is maintaining H-1B status in the United States;
Have an unexpired period of authorized admission in H-1B status; and
Intend to reenter the U.S. in H-1B status after a temporary period abroad.
Application Process
To complete the application, applicants must complete and submit the Online Nonimmigrant Visa Application Form DS-160 using “U.S.-Domestic” as their location. They will then go to the DOS domestic renewal portal. From there applicants navigate a tool that will assist them in determining their eligibility for participation. Applicants will then be directed to the following Mission-specific links for instructions on paying the non-refundable, non-transferable Machine-Readable Visa (MRV) fee by major debit or credit card, and the address to mail their passports and the required documents for processing:
Mission Canada domestic renewals: https://ais.usvisa-info.com/en-us
Mission India domestic renewals: https://www.ustraveldocs.com/in/en/renewal-h1b-niv-in-us
Important note: While the navigator tool will help determine whether an applicant is qualified for the pilot, it is possible an application will be returned if it transpires that the system failed to screen out an unqualified applicant. The MRV fee will not be refunded in any case.
Under the pilot each applicant must provide the following:
A properly completed and filed DS-160, Online Nonimmigrant Visa Application;
One photograph, taken within the last six months, that meets DOS specifications;
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;
A valid H-1B approval notice (Form I-797 Notice of Action, original or copy); and
Form I-94 Arrival-Departure Record (original or copy).
Evidence of U.S. residency or international travel plans are not required in the initial application filing but may be requested by DOS at a later date.
Application Time Periods and Processing Times
DOS will begin accepting online applications for this pilot starting January 29, 2024 via the online portal. Each week DOS will release approximately 2,000 application slots for those applicants whose most recent H-1B visa was issued by Mission Canada and approximately 2,000 application slots for those applicants whose most recent H-1B visa was issued by Mission India. The application process will close when all slots are filled, or on April 1, 2024, whichever comes first.
The dates of release will be as follows:
January 29, 2024
February 5, 2024
February 12, 2024
February 19, 2024
February 26, 2024
Applications will be considered in the order they are received. No status on the application will be provided other than returning of the application, or issuance or refusal of the visa. Applications can check the status of their application via CEAC.
According to DOS the average processing time is expected to be 6-8 weeks from the time the passport and documents are received by DOS. DOS intends to complete processing of all applications by no later than May 1, 2024. Any incomplete applications will be refused. After May 1, 2024, no refusal will be overcome, because the pilot program will be closed.
Issued visas, passports, and documents submitted will be returned to the applicant via USPS or a courier service.
Application Refusals and Withdrawals
If an application is accepted for adjudication but subsequently found to be ineligible, the visa application will be refused under Immigration & Nationality Act section 221(g). In these cases, applicants seeking to continue pursuit of a visa will have to start a new application at an overseas post.
No requests for expedited processing will be accepted. If an applicant applies for domestic visa renewal and requires urgent travel, they may withdraw their application and request, through the online portal, that their passport be returned to them.
Visa Issuance is not a Status Extension
Applicants are reminded that visa issuance is NOT a grant of nonimmigrant status and does not constitute an extension of nonimmigrant visa status or an admission to the United States. A visa only permits an applicant to seek admission at a U.S. port of entry after overseas travel.
DISCLAIMER
The information contained in this overview is intended to educate readers generally and is not intended as, nor should it be taken as, legal advice in any specific case. For specific legal advice, the reader should seek an individualized consultation with competent legal counsel of their own choosing.
© Jewell Stewart & Pratt PC 2024