Pilot Program for Stateside Renewal of H-1B Visas to Begin January 29, 2024

The U.S. State Department (DOS) announced that a limited number of H-1B specialty occupation visa holders will be able to renew their visas within the United States in early 2024. This “stateside renewal” option will initially be made available to 20,000 H-1B visa holders (principals only, meaning H-4 dependents will not be eligible).

According to the U.S. Federal Register, the pilot program will accept applications from January 29 to April 1, 2024. To control the number of applications received during the pilot program, the DOS will release approximately 4,000 application slots total each week comprised of approximately 2,000 slots for applicants whose most recent H-1B visas were issued by Mission Canada (i.e., U.S. Embassy and Consulates in Canada), and approximately 2,000 slots for those whose most recent H-1B visas were issued by Mission India (i.e., U.S. Embassy and Consulates in India). The application slots will be released on the following dates:

  • January 29, 2024
  • February 5, 2024
  • February 12, 2024
  • February 19, 2024
  • February 26, 2024

Applicants who meet the requirements during the application window may apply online at https://travel.state.gov/​content/​travel/​en/​us-visas/​employment/​domestic-renewal.html and follow the steps indicated, including being taken through an initial navigator tool to assess their qualifications for the domestic visa renewal pilot. After completing the DS-160 and paying the non-refundable, non-transferable MRV (visa application) fee, applicants will be provided information via the portal on where and how to send their passports and required documentation via U.S. Postal Service or commercial courier (e.g., FedEx, UPS, etc.).

Each application received will be counted against an approximate 2,000 maximum weekly limit for each participating Mission, including those received applications that are “out-of-scope” or ultimately deemed otherwise ineligible for domestic visa renewal. Once the weekly limit is reached, the online portal will be locked for each participating Mission group until the next tranche of slots are released on the next application date. Importantly, the navigator tool will not be capable of screening out all unqualified applicants, and it is unclear whether the unadjudicated, returned applications will rollover into additional slots released on the next application date. Nonetheless, applicants who are unable to apply on one application date may attempt to apply on any of the remaining application dates during the pilot.

Participation in the pilot program will be limited to applicants who:

  1. Are seeking to renew an H-1B visa;
  2. Are renewing an H-1B visa that 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 from February 1, 2021, through September 30, 2021;
  3. Are not subject to a nonimmigrant visa issuance fee (Note: this is commonly referred to as a “reciprocity fee”);
  4. Are eligible for a waiver of the in-person interview requirement;
  5. Have submitted ten fingerprints to the DOS in connection with a previous visa application;
  6. Prior visa does not include a “clearance received” annotation;
  7. Do not have a visa ineligibility that would require a waiver prior to visa issuance;
  8. Have an approved and unexpired H-1B petition;
  9. Were most recently admitted to the United States in H-1B status;
  10. Are currently maintaining H-1B status in the United States;
  11. Period of authorized admission in H-1B status has not expired; and
  12. Intend to reenter the United States in H-1B status after a temporary period abroad.

DOS estimates that the average processing time for domestic visa renewals under this pilot will be 6 – 8 weeks. Requests for expedited processing will not be considered. If an applicant for domestic visa renewal must travel urgently after submitting their passport and documents, they can request return of their passport and seek visa renewal at a consular post abroad.

This pilot program is a signal that the U.S. State Department is looking for creative ways to reduce their operational burdens and facilitate more efficient visa processing services, which must normally be done at the U.S. consulates and embassies abroad. However, implementing and expanding a stateside renewal program will require a gradual ramp-up of manpower and infrastructure to handle the processing and return of visas and passports, as well as many levels of interagency cooperation. Please reach out to your attorney at McCown & Evans LLP with any questions.