The United States Department of State (DOS) issued a notice in the Federal Register formally announcing the introduction of a pilot program that will allow certain persons holding H-1B nonimmigrant visas to renew them within the United States without having to submit an application at a United States consulate overseas. The following is an outline and discussion of the most important aspects of the pilot program.

Basic Eligibility Requirements

The DOS’s domestic visa revalidation program will allow the renewal of 20,000 H-1B visas. The DOS will allow only an individual who meets the following requirements to submit a visa renewal application under the pilot program. The applicant must:

• Be seeking to renew an H-1B visa (H-4 dependent visa holders and holders of other nonimmigrant visas such as L-1, O-1, E-3, and H-1B1 visas may not participate in the pilot program).
• Hold an H-1B visa that was issued by a United States consulate in Canada (collectively, Mission Canada) between January 1, 2020, and April 1, 2023; or an H-1B visa that was issued by a United States consulate in India (collectively, Mission India) between February 1, 2021, and September 30, 2021 (H-1B visas issued by United States consulates in other countries or not falling within these time periods may not be renewed through this program).
• Not be subject to a nonimmigrant visa issuance or reciprocity fee.
• Be eligible for a waiver of the in-person interview requirement i.e., drop box eligible.
• Have submitted ten fingerprints to the DOS in connection with a previous visa application.
• Not have received a “clearance received” annotation on the visa being renewed.
• Not have a visa ineligibility that would require a waiver prior to visa issuance.
• Have an approved and unexpired H-1B petition.
• Have been “recently” admitted to the United States in H-1B status (no definition of “recently” is provided).
• Be currently maintaining H-1B status in the United States and have been granted a period of authorized admission in H-1B status that has not expired.
• Intend to reenter the United States in H-1B status after a temporary period abroad.

Timing and Filing of Applications

The application period for the pilot program will run from January 29, 2024, to April 1, 2024. Applications must be filed online on the DOS website at the following address: https://travel.state.gov/content/travel/en/us-visas/employment/domestic-renewal.html. Qualified applicants must electronically complete and submit Form DS-160, the Online Visa Application and will be informed how to pay the required non-refundable and non-transferrable Machine-Readable Visa (MRV) fee and where to mail their passports and other required documents through the United States Postal Service (USPS) or a commercial courier service such as UPS or FedEx.

Application Documents and Payment of Fee

The DOS notes that each application for domestic H-1B visa renewal should contain the following documents:

• A properly completed and electronically filed DS-160.
• One photograph taken within the last six months that meets DOS specifications at: https://travel.state.gov/content/travel/en/passports/how-apply/photos.html.
• An original passport valid for travel to the United States for at least six months beyond the visa application date that contains at least one blank and unmarked page for placement of a visa stamp.
• The original or a copy of the applicant’s current Form I-797, Notice of Action H-1B approval notice.
• The original or a copy of the applicant’s Form I-94, Arrival-Departure Record (available at https://i94.cbp.dhs.gov/I94/#/home or included in the Form I-797).

Applicants must pay the $205.00 nonrefundable and non-transferable MRV fee via the online portal using a major debit or credit card.

Receipt of Applications

The DOS intends to adopt a staggered receipt process for domestic visa revalidation applications under the pilot program.  Specifically, the DOS intends to control the number of applications received each week after January 29, 2024, releasing approximately 2,000 application slots for applicants whose most recent H-1B visas were issued by Mission Canada, and another approximately 2,000 application slots for those whose most recent H-1B visas were issued by Mission India (for a total of approximately 4,000 slots per week).  The releases will take place on the following dates: January 29, February 5, February 12, February 19, and February 26. Every application received will be counted against the approximate 2,000 weekly maximum limit for each participating Mission. Once the limit is reached, the online portal will be locked until the next tranche of slots is released for each Mission group on the next application date.  The application portal will shut down when all slots have been filled or on April 1, 2024, whichever is earlier.

Application Processing Times

The DOS indicates that the “average” processing time for a domestic visa renewal application will be between six and eight weeks and that it aims to complete processing of all applications no later than May 1, 2024. No expedited processing of domestic visa revalidation applications will be available. The renewed visa and passport, as well as any other documents submitted by the applicant will be returned by USPS or a commercial courier.

If, after applying for renewal through the pilot program, an applicant needs to travel urgently, the applicant may withdraw the application through the online portal and request that the passport be returned. If the applicant withdraws an application during the adjudication process, it will be considered refused under INA 221(g) and the MRV fee will not be refunded. An INA 221(g) refusal will not prejudice any future application but should be disclosed in future visa applications.

There is no provision for the collection of biometrics (ten fingerprints and a photograph) of visa renewal applicants at an Application Support Center or elsewhere.

Conclusion

The introduction of the DOS’s domestic visa renewal pilot program is a welcome development that provides greater flexibility for H-1B nonimmigrants in the United States by removing the need to engage in costly and time-consuming travel overseas to obtain a visa.  It will also be helpful in reducing the workloads of consulates and reducing visa application processing times at these consulates.  It is likely that the program will be very popular and that the 20,000 quotas will be exhausted.  If the program functions effectively and no issues of concern to the DOS or another immigration agency arise, it will probably be extended to other nonimmigrant categories and may be adopted on a permanent basis.