New Details: Stateside Visa Renewal Pilot Begins on January 29, 2024

Earlier this afternoon the Department of State (DOS) shared the Federal Register notice with details of the highly-anticipated stateside visa renewal pilot program which will begin on January 29, 2024 and will end on April 1, 2024.     We now have more details about eligibility, timeline and process.

Who Is Eligible to Participate in the Pilot Stateside Visa Renewal?

In order to be able to participate in this voluntary program, applicants must meet all of the following criteria:

• Must be the principal H-1B applicant (no H-4s);
• Must be renewing a prior H-1B visa issued by either (1) Mission Canada (any US Consulate in Canada) with an issuance date from January 1, 2020 through April 1, 2023, or (2) Mission India (any US Consulate in India) with issuance date from February 1, 2021 through September 30, 2021;

Tip:  see the visa stamp annotation marked as “Issue Date” for the date of issuance of the visa and the “Issuing Post Name” for the Consulate which issued the last visa.   Examples below:

 

• Must not be subject to a nonimmigrant visa issuance reciprocity fee;
• Must be eligible for an in-person interview waiver, also known as dropbox;
• Must have been ten-printed as part of a prior visa application¹;
• The prior visa must not include a “clearance received” annotation;
• Must not have a visa ineligibility that would require a waiver prior to issuance (such as overstay, criminal record, etc.)
• Must have an approved and unexpired H-1B petition and must have been most recently admitted to the US in H-1B status and must continue to maintain valid and unexpired H-1B status in the US;
• Must reside in the US at the time the application is being submitted; and
• Must intend to reenter the US in H-1B status after a temporary period abroad.

Note 1:  Who is ten-printed?  Since January, 2008, all visa-processing posts have collected ten fingerprints for all interviewed applicants (age from 14-79 years old at the time of interview). If the applicant has ever been in for interview (and was 14-79 years old at the time) and the visa was issued on or after January, 2008, then they must have been ten printed.

What is the Application Timeline?

DOS will begin accepting online application starting on January 29, 2024 at a dedicated site (link).   Each week and for a period of 5 consecutive weeks, DOS will release 2,000 slots for visa stamp renewals issued by Mission India and another 2,000 for renewals issued by Mission Canada.

The release schedule of the slots is as follows:

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

DOS indicates that the application slots will be allocated on a first-come first-serve basis until all of the available slots are used up.   The system will block any new applications until a new set of slots is made available the following week, up until the last week.   If slots remain unused, the system will remain open until April 1, 2024.

What is the Application Process?

As noted above, applications will be submitted at DOS’s dedicated site (link).   Applicants will be expected to:

• Select the consular post which issued their most recent H-1B visa stamp (Canada or India);
• Answer series of eligibility questions to ensure that they meet all of the eligibility criteria for the pilot program;
• Complete and submit the standard electronic visa application Form DS-160;
• Pay a non-refundable, non-transferrable fee online via credit or debit card;
• Follow the provided instructions on how to send passport and other required documents to DOS.

What Documents Will be Required?

DOS advises that applicants will likely need to provide the following items:

• a properly completed and filled DS-160 visa application form;
• one passport-size photo (taken within the last six months), which meets DOS’s  standard requirements;
• a passport valid for travel to the US which is valid for at least six-months beyond the visa application date and contains at least one blank unmarked page for the placement of the visa;
• An original or copy of the current I-797 approval notice; and
• An original or copy of the current I-94 card showing valid entry/status.

Even though evidence of US residency or international travel plans are not required, applicants should be ready to provide such evidence upon request.

How and How Quickly Will Applications be Processed?

DOS indicates that they will process applications in the order in which they are received.   At this time no status updates are anticipated other than the standard NIV visa tracker.   Processing times are expected to be around 6-8 weeks from submission and all processing is intended to be completed by May 1, 2024.

DOS cautions that no expedited requests will be accepted and applicants will have an option to withdraw their application in the event they must travel internationally and want to receive their passport back.

Issued visas, passports and documents submitted will be returned via mail or a courier service.     Similarly, applications that are rejected will be returned to the applicants without a refund.  In certain cases DOS may request additional information or documents by the applicants.  For example, request for properly completed DS-160 form, a photograph meeting all requirements or evidence that the applicant resides in the US.

Many Details and Questions Remain

We welcome the publication of these additional details of the pilot program and the clear eligibility guidelines.   This would allow eligible applicants to begin preparing their applications.    However, there are still many questions and details that will have to be resolved over the coming weeks.

For example,  it is not clear at what time the program would open on each of the five Mondays – would it be 12:01 AM eastern time; or perhaps sometime in the morning?      It is also not clear at which point in the application process the visa slot will be “reserved” – during the initial eligibility questionnaire, during the DS-160 submission process or even when DOS receives all completed documents.

Please stay tuned as we will be adding details and information as soon as it is made available.   Best way to do so is to visit this page or subscribe to our weekly newsletter.

Conclusion

Our office is happy to provide individualized consultations to help evaluate options and prepare for the process. We also invite you to subscribe to our free weekly immigration newsletter to receive timely updates on this and related topics.  Please do not hesitate to contact us if we can be of any assistance.