State Department Pilot Program to Revive Domestic Visa Renewals

In a move that could be the beginning of a substantial improvement in renewing visas, the Department of State (DOS) has announced a pilot program that will begin accepting applications to renew certain H-1B visas in the United States for those meeting specific qualifications beginning January 29, 2024, and will run until all available slots are filled or April 1, 2024, whichever is first.

DOS routinely renewed visas in the U.S. until 2004 when it discontinued the practice due to its inability to collect biometric information from applicants as required by post-9/11 legislation.

Applicants must satisfy the following factors:

1. They are applying to renew their H-1B visas; no other visa applications will be processed (including those for H-4 dependents);
2. Their H-1B visa that is being renewed was issued by:
   • A U.S. Consulate in Canada (Mission Canada) from January 1, 2020, through April 1, 2023; or
   • Mission India from February 1, 2021, through September 30, 2021;
3. They are not required to pay nonimmigrant visa issuance fees (‘‘reciprocity fees’’);
4. They are not required to undergo a visa interview and are instead eligible for a waiver of the in-person interview requirement;
5. They have been 10-printed fingerprints by the DOS as part of a prior visa application;
6. Their prior visa does not include a ‘‘clearance received’’ annotation;
7. They are eligible to receive a visa without any sort of waiver;
8. They are the beneficiaries of an approved and unexpired H-1B petition through the USCIS;
9. They were last admitted to the United States in H-1B status;
10. They are currently maintaining their H-1B status in the U.S.;
11. They continue to hold valid/unexpired H-1B status; and
12. They intend to reenter the United States in H-1B status following a temporary trip abroad.

The DOS will begin accepting applications on a weekly basis from January 29, 2024, through February 26, 2024, at this link.

It will limit applications to 2,000 per week per Mission (2,000 for those whose visas were issued in Canada and 2,000 for those in India) and will lock this site when these caps are hit and re-open it the following week.

Upon entering this site, applicants will be directed to select the host country post of their most recent H-1B visa issuance (either Canada or India) and then be navigated through, receiving instructions on paying the required $205 Machine-Readable Visa (MRV) application processing fee and where to send their passports and other documentation.

It will come as no surprise that if a person is later found to be ineligible to renew a visa through this program, these fees will not be refunded.

Applicants will be required to submit the following:

• • DS-160, Online Nonimmigrant Visa Application;
  • One passport-style photograph taken within the last six months;
  • A passport valid for at least six months beyond the visa application date with a blank, unmarked page for visa placement;
  • Original or a copy of the applicant’s current Form I-797, Notice of Action/H-1B approval notice;
  • Original or a copy of the applicant’s current Form I-94.

The DOS will return and not process applications that do not comply with its requirements.

This new program, if permanently adopted will greatly reduce the time and cost associated with foreign nationals renewing their visas. Instead of having to depart the U.S., and often returning to their home countries, they would be able to just mail them to the DOS here in the U.S. without these inconveniences. This would also benefit employers since these employees would not need to miss significant time away from their jobs in order to get their new visas.