Rollout of Stateside Visa Renewal Pilot Program

January 9, 2024

On December 21, 2023, the Department of State published the Federal Register announcing that the stateside visa renewal pilot will begin on January 29, 2024, and end on April 1, 2024. This will allow certain foreign nationals present in the U.S. in H-1B status to apply for a visa while remaining in the U.S. rather than attending a consular appointment abroad. Here is a summary of the information published in the Register: 

1. Who is eligible?

 Participation is limited to principal H-1B applicants who(se):

• Are seeking to renew an H-1B visa during the pilot phase between January 29, 2024, and April 1, 2024;
• Are renewing a prior H-1B visa 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;
• Are not subject to a nonimmigrant visa issuance (reciprocity) fee;
• Are eligible for an in-person interview waiver;
• Have submitted ten fingerprints to Department of State in connection with the prior visa application;
• Prior visa doesn’t include a “clearance received” annotation;
• Do not have a visa ineligibility that would require a waiver prior to issuance;
• Have an approved and unexpired H-1B petition, were most recently admitted to the U.S. in H-1B status, and are maintaining H-1B status in the United States;
• 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. 

1. When is the Application Period?

The Department of State will begin accepting online applications for this pilot beginning on January 29, 2024. Each week, it will release approximately 2,000 application slots for those whose most recent H-1B visa was issued by Mission Canada and approximately 2,000 application slots for those whose most recent H-1B visa was issued by Mission India. The dates of release will be as follows:

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

Once the weekly limits are reached for each mission the online application portal will be locked until the next date makes the next group available. The application process will close when all slots are filled, or on April 1, 2024, whichever is sooner.
 

1. How Will the Application Be Adjudicated?

Applications will be considered in the order they are received. No status on the application will be provided other than returning of the application, or issuance or refusal of the visa.

Once received, applications and passports will be assessed to determine if they are within the scope of the pilot program. Applications not in the scope of the program will be returned along with the passport. MRV fees will not be returned. Those that are within the scope will be forwarded for adjudication.

According to DOS the average processing time is expected to be 6-8 weeks from the time the passport and documents are received by DOS, and the agency intends to complete processing of all applications by no later than May 1, 2024.

No requests for expedited processing will be accepted. If an applicant applies for domestic visa renewal and requires urgent travel, they may withdraw their application and request through the online portal that their passport be returned to them. If the applicant withdraws their application during the adjudication process, it will be refused under 221(g). The INA 221(g) refusal will not prejudice any future application.