The United States has finally released information for the much-anticipation pilot programme that will let selected H-1B visa holders renew their work permits from within the US.
In a recent Federal Register announcement, the US State Department has unveiled that the initiative is set to kick off on January 29, 2024. It has also introduced specific limits and procedures for interested individuals. The program is designed to accommodate a maximum of 20,000 renewals, and to qualify, applicants must have received their original H-1B visas during specific periods at U.S. consulates in Canada and India.
Dependents not included
The pilot program exclusively caters to principal H-1B visa holders, omitting dependents from its scope. This move aligns with the Department’s strategy to manage the renewal program efficiently.
“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,” the Federal Register notice said.
“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,” it added.
Date Restrictions
Applicants must have had their prior H-1B visas, issued by Mission India, with an issuance date falling between February 1, 2021, and September 30, 2021.
Non-Refundable Fee
Online applications for the pilot program will be accepted starting January 29, 2024, with a non-refundable fee of $205.
Number of slots released
In order to control the number of applications received, the Department will, each week, release approximately 2,000 application slots on the following dates:
- January 29
- February 5
- February 12
- February 19
- February 26
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 can 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.
Visa interviews
Applicants should be eligible for a waiver of the in-person interview requirement and have submitted ten fingerprints to the Department in connection with a previous visa application.
“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,” the notice said.
“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,” it added.
Required Documents
- Each applicant for a domestic H-1B visa renewal must submit the following documentation
- A properly completed2 and electronically filed DS-160, Online Nonimmigrant Visa Application
- One photograph (taken within the last six months), which meets the specifications
- A passport valid for travel to the United States, which is valid for at least six months beyond the visa application date, and contains a blank, unmarked page for placement of a visa foil
- The original or a copy of the applicant’s current Form I-797, Notice of Action.
- The original or a copy of the applicant’s Form I-94, Arrival-Departure Record
Processing time for successful applicants
Domestic issuance of a visa through the pilot program is not guaranteed. The average processing time for a domestic visa renewal application is expected to be six to eight weeks from the time that the passport and other required documents are received by the Department.
The Department plans to complete processing of all applications no later than May 1, 2024.
This move comes as a relief to U.S. visa holders who face challenges when traveling abroad. While those renewing or changing immigration status within the U.S. can stay for the duration of their valid visa, the process becomes cumbersome when they need to travel outside the country. The staggered release of application slots aims to streamline this process, allowing individuals to plan their travels more effectively.
Julie Stufft, Deputy Assistant Secretary of State, expressed excitement on LinkedIn about the potential far-reaching impact of modernizing the visa process. The prospect of domestic visa renewal offers a solution to challenges faced by H-1B visa holders, especially during emergencies or unexpected travel needs, addressing a longstanding concern that gained prominence during the pandemic.
According to the US Immigration and Citizenship Services (USCIS), a substantial 72.6% of the 4.41 lakh H-1B applications (new visas and renewals) approved during fiscal 2022 were secured by Indians. China followed with 12.5% of total approvals, and Canada claimed 1% of the aggregated approved applications, ranking third.