Domestic H-1B Visa Renewal Program to Start January 29, 2024

On December 21, 2023, the Department of State (DOS) published the Federal Register notice for the domestic U.S. visa renewal pilot program. The pilot program will allow eligible applicants to renew their H-1B visa stamps within the United States without needing to travel to a U.S. Embassy or Consulate abroad. The DOS will start accepting online applications for the pilot program on January 29, 2024 and it will be limited to a total of 20,000 applications. There are strict eligibility rules as detailed below. 

Eligible H-1B Applicants

The pilot program will be limited to eligible foreign nationals who received an H-1B visa stamp from a U.S. Embassy or Consulate in Canada between January 1, 2020 and April 1, 2023, or foreign nationals who received a H-1B visa stamp from a U.S. Embassy or Consulate in India between February 1, 2021 and September 30, 2021. In addition, qualified foreign nationals must also meet the criteria below to be eligible for the pilot program:

• Not subject to a nonimmigrant visa issuance fee, known as a “reciprocity fee,” based on their country of citizenship;

• Eligible for a waiver of the in-person interview requirement;

• Have submitted ten fingerprints to the DOS in connection with a previous visa application;

• Prior visa does not include a “clearance received” annotation;

• Does not have a visa ineligibility that would require a waiver prior to visa issuance;

• Have an approved and unexpired H-1B petition;

• Last entered the U.S. using H1B visa;

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

• Intend to reenter the U.S. in H-1B status after a temporary period abroad.

Application Process

Starting on January 29, 2024, the DOS will begin accepting online applications and will release 4,000 applications slots maximum on a weekly basis. The limited application slots will be made available on the following dates in 2024: January 29, February 5, February 12, February 19, and February 26. Each week, the Department will release approximately 2,000 application slots for applicants whose most recent H–1B visas were issued by the U.S. Embassies/Consulates in Canada, and approximately 2,000 application slots for those whose most recent H–1B visas were issued by the U.S. Embassies/Consulates in India.  When the weekly application limit is reached, the DOS will lock the application website until the next application slot release date. Applicants who are unable to apply on one application date may attempt to apply on any of the remaining application dates during the application period. The program will close on April 1, 2024, or when all application slots are filled, whichever occurs first.

To apply, applicants will need to complete an initial eligibility assessment questionnaire on the dedicated DOS webpage, which is set to be operational in the next few weeks. If the applicant passes the eligibility assessment, they will be directed to complete the Form DS-160 electronic nonimmigrant visa application and will be required to pay the nonrefundable $205 application fee. Upon paying the fee, the applicants will receive instructions on submitting their passport and required application documents (i.e. passport style photograph, a copy of their I-797 approval notice, and unexpired Form I-94 arrival record) to the DOS. After the DOS receives an applicant’s passport and required documentation, the estimated processing time is 6 to 8 weeks to adjudicate the visa application. The DOS expects to adjudicate all applications by May 1, 2024. Although the DOS will not accept expedite processing requests, an applicant may withdraw their application if urgent travel is required.

What this Means for Our Clients

As mentioned in our previous alert, the return of the domestic visa renewal program is welcome news for both employees and employers. For eligible employees, the domestic visa renewal program will avoid the potential uncertainties and delays of traveling abroad to renew the visa stamp at an Embassy or Consulate. The program will also likely ease consular workload and visa processing delays at U.S. Embassies and Consulates for other types of nonimmigrant visas. 

Although the initial pilot program is limited in duration and scope, the DOS expects to expand the program to new visa categories and countries of visa issuance in the future. We will continue to monitor the DOS pilot program and will provide updates as more information becomes available. 

We expect that there will be fierce demand for this pilot program, and recommend that interested applicants who meet the qualification criteria prepare to submit their applications immediately when the program becomes available.