On December 21, 2023, the Department of State released a regulation that summarizes a pilot program. Rather than applying at a visa post abroad, certain individuals would be permitted to renew their H-1B visas through the Department of State through a mail in procedure in the U.S. The full regulation can be found here: https://public-inspection.federalregister.gov/2023-28160.pdf
The pertinent details:
II. Pilot Program and Requirements for Participation Pursuant to 22 CFR 41.111(b)(3), the Deputy Assistant Secretary for Visa Services (VO DAS) and Department officials designated by them, are authorized to issue, in their discretion, nonimmigrant visas in the United States, to qualified applicants who meet specific criteria. Based on this discretionary authority, the VO DAS sets the limitations and parameters of the domestic renewal pilot, including establishing parameters that limit the types of applications that fall within the pilot’s scope. Consequently, applicants that fall outside of this scope are not eligible to apply for, nor be issued, a visa domestically.
Participation in this pilot will be limited to applicants who(se):
- Are seeking to renew an H-1B visa; during the pilot phase, the Department will not process any other visa classifications;
- 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;
- Are not subject to a nonimmigrant visa issuance fee (Note: this is commonly referred to as a “reciprocity fee”);
- Are eligible for a waiver of the in-person interview requirement;
- Have submitted ten fingerprints to the Department in connection with a previous visa application;
- Prior visa does not include a “clearance received” annotation;
- Do not have a visa ineligibility that would require a waiver prior to visa issuance;
- Have an approved and unexpired H-1B petition;
- Were most recently admitted to the United States in H-1B status;
- Are currently maintaining H-1B status in the United States;
- Period of authorized admission in H-1B status has not expired; and
- Intend to reenter the United States in H-1B status after a temporary period abroad.
Some of these requirements are mandated by statute or regulation. Others are discretionary requirements and are designed to limit the pilot population to a size that is manageable and consistent with available resources, and control the costs of conducting the pilot, while still testing the efficacy of a domestic renewals program.
Specifically, the Department is limiting the scope of the pilot to applicants who were previously issued visas within specified dates by Missions Canada or India to properly assess the performance and capabilities of contractors who manage the majority of the Department’s worldwide visa processing. The population of visa applicants in India and Canada is sufficiently representative of the global population and visa issuances during the referenced periods provide enough cases to make the pilot results meaningful, without overwhelming available resources.
Additionally, the Department is limiting the scope of the pilot to include only H-1B applicants. After careful consideration, the Visa Office determined that including other visa categories, including H-4s (dependents of H-1B principal applicants), created additional technical and operational challenges that cannot be resolved before the pilot launch date. For instance, developing standard operating procedures and training staff to recommence domestic renewals is a time-consuming process that requires months of practice currently underway for H-1B adjudications. Developing processes to adjudicate additional visa categories will continue concurrent with the pilot, leveraging real time data and feedback to expand the program.
Limiting the pilot to only H-1B principal applicants will also maximize the Department’s direct impact on U.S. industry partners, whose H-1B employees may need to travel abroad for work purposes and risk being unable to immediately return if their visa is expired.
As the Department does not conduct in-person nonimmigrant visa interviews or collect fingerprints domestically, a key requirement for participation in the pilot is that applicants for domestic visa renewal must qualify for a waiver of the in-person interview requirement under section 222(h) of the Immigration and Nationality Act (INA) and have fingerprints on file with the Department that may be used for biometric vetting. Just like any individual applying for a nonimmigrant visa overseas, including those whose in-person interview is waived, all applicants for domestic visa renewal must undergo screening and vetting. With certain exceptions set out in the law, most applicants seeking to renew their H-1B visas, whether overseas or domestically, within 48 months of the expiration of their prior visa in the same classification, will be eligible for a waiver of the in-person interview requirement. Based on statutory requirements for an interview waiver under INA section 222(h)(2), applicants for domestic visa renewal must reside in the United States. Applicants are not required to submit evidence of residence in the United States at the time they submit their application beyond the information requested in the visa application; however, additional information may be requested at any time prior to visa issuance.
Some applicants may not be fully aware of the facts that caused them to be ineligible for interview waiver, even though the reasons are tied to a specific statutory ground. For example, applicants requiring a Department clearance are ineligible for interview waiver, but such clearance requirements are not public information. Any such requirement would be based on the applicant’s individual circumstances. Applicants who do not meet the requirements for domestic adjudication as published in this notice, including eligibility for a waiver of the in-person interview requirement, are not eligible to apply for, nor be issued a visa domestically. Fees will not be refunded and these applicants must submit a new application, pay the associated fee, and apply overseas where they have a residence or are physically present if they wish to pursue a new visa. Participation in the pilot is voluntary. Individuals who do not wish to participate in this pilot may continue to apply overseas at a U.S. embassy or consulate where they have a residence or are physically present.
III. Procedures for Participation
- Application Period
The Department will begin accepting online applications January 29, 2024 via https://travel.state.gov/content/travel/en/us-visas/employment/domestic-renewal.html. In order to control the number of applications received, the Department will, each week, 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
- February 26
Every application received will be counted against an approximate 2,000 maximum weekly limit for each participating Mission. Once the limit is reached, the online portal will be locked until the next tranche of slots are released for each participating Mission group on the next application date. Applicants who are unable to apply on one application date may attempt to apply on any of the remaining application dates during the entry period. The application period for the pilot will close when all application slots are filled or on April 1, 2024, whichever comes first.
If you would like assistance or have questions as to whether you are eligible to submit under this pilot program, please reach out to our office to schedule a paid consultation.
