State Department Announces Details of Pilot Program for Domestic Renewals of H-1B Visas Issued in Canada and India

On December 21, the State Department released the long-awaited details of a previously announced pilot program that will allow qualified noncitizens to renew their H-1B nonimmigrant visas within the United States. This program aims to assess the technical and operational feasibility of domestic visa renewals and reduce wait times for visas worldwide.

In 2004, the Department discontinued the domestic renewal of non-diplomatic nonimmigrant visas due to the Enhanced Border Security and Visa Entry Reform Act of 2002. However, the current pilot program overcomes the previous limitations by targeting individuals who have previously submitted fingerprints and meet other specific requirements.

The pilot program is limited to individuals seeking to renew H-1B visas. Applicants must have had their prior H-1B visa issued by a consulate in Canada between January 1, 2020, and April 1, 2023, or by a consulate in India between February 1, 2021, and September 30, 2021. Applicants must also have an approved and unexpired H-1B petition, be maintaining H-1B status in the United States, not be subject to reciprocity fees, and be otherwise eligible for interview waiver consideration.

The application period for the pilot program will run from January 29 to April 1, 2024. Applicants must complete an online application through the dedicated domestic visa renewal website. The application process involves assessing eligibility, completing Form DS-160, paying the required fees, and submitting the passport and other required documents. The Department will process applications in the order received, with an expected processing time of six to eight weeks.

Applications that do not meet the requirements for the pilot program will be refused and returned unadjudicated, and the MRV fee will be forfeited. Applications not meeting the requirements will be refused under section 221(g) of the Immigration and Nationality Act and applicants will need to file a new visa application at an embassy or consulate overseas.

The pilot program for H-1B visa renewals within the United States offers a unique opportunity for eligible noncitizens to streamline the visa renewal process and reduce wait times. It is important to carefully review the requirements and procedures outlined by the Department of State to ensure a successful application.