The State Department announced in the Federal Register the limits and procedures for its much anticipated pilot program to renew H-1B visas in the United States. Individuals can begin applying at the Department’s dedicated web address on January 29, 2024. To keep the scope of the pilot within the 20,000 limit, only applicants whose H-1B visas were issued within specific dates at U.S. consulates in Canada and India are eligible. As previously reported, the pilot will not include the dependents of H-1B professionals, only principal H-1B visa holders.
Who Is Eligible For The H-1B Visa Renewal Pilot?
In its Federal Register notice scheduled for December 21, 2023, the State Department listed the most significant limitation on participating in the visa renewal pilot program: “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.”
The State Department listed other limits on participating in the pilot:
– Only current H-1B visa holders, with “an approved and unexpired H-1B petition . . . most recently admitted to the United States in H-1B status, currently maintaining H-1B status in the United States [with a] period of authorized admission in H-1B status not expired and intend to reenter the United States in H-1B status after a temporary period abroad.”
– Individuals not subject to a reciprocity fee.
– In-person interview can be waived.
– Individual submitted fingerprints with previous visa application
– Current visa is not annotated with “clearance received.”
– No visa ineligibility that requires a waiver.
Dates And Other Information For Applying
“Applications will be considered in the order received,” according to the Federal Register notice. The State Department will start accepting applications on its website on January 29, 2024. On a weekly basis, the Department “will release approximately 2,000 application slots for applicants whose most recent H-1B visas were issued by Mission Canada, and approximately 2,000 application slots for those whose most recent H-1B visas were issued by Mission India (approximately 4,000 total each week) on the following dates: January 29. February 5, February 12, February 19 and February 26.”
When approximately 2,000 applications are received against the limit “for each participating Mission,” the Department will close the online portal “until the next tranche of slots are released for each participating Mission group on the next application date.” Individuals unsuccessful in applying on one date may try again on the next available dates. The pilot program will end on April 1, 2024, or when all the application slots have been filled.
The required documents will include a photograph, valid passport, “a properly completed and electronically filed DS-160, Online Nonimmigrant Visa Application, the original or a copy of the applicant’s current Form I-797, Notice of Action and the original or a copy of the applicant’s Form I-94, Arrival-Departure Record.”
The non-refundable fee is $205. Processing times will average six to eight weeks from when the required documents are received, according to the State Department. Expediting applications will not be available through the pilot program.
In 2004, a few years after the Enhanced Border Security and Visa Entry Reform Act became law, the State Department stopped renewing visas in the United States, citing the legislation’s biometrics requirements. As reported earlier, although many H-1B employees will be able to renew their visas without leaving the United States, businesses are disappointed spouses and children will be ineligible for the pilot program. After the initial pilot phase ends, businesses and their employees hope the State Department will include dependents and more visa categories in an expanded domestic visa renewal program.
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