A blog about U.S. immigration matters by Paul Szeto, a former INS attorney and an experienced immigration lawyer. We serve clients in all U.S. states and overseas countries. (All information is not legal advice and is subject to change without prior notice.)

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Thursday, October 19, 2023

Pilot Program for Domestic H-1B Visa Renewals




Many foreign workers have asked for a way to renew their work visas without leaving the United States. It is finally here.  A pilot program to allow stateside visa renewal has finally gained traction. As a starter, H-1B workers in the U.S. would have an opportunity to renew their visas domestically within  the U.S. 

On 10/17/2023, the U.S. Department of State submitted a document entitled: "Pilot Program to Resume Renewal of H-1B Nonimmigrant Visas in the United States for Certain Qualified Noncitizens" for final regulatory review.  The document formally kicks off this domestic visa renewal program for H-1B workers.

According to Bloomberg, this pilot program is under White House review for final approval.  The details are still sketchy. What is clear is that the pilot program allows only H-1B workers to renew their visas domestically.  It is likely that a quota of visa renewals will be imposed.  Further, H-1B workers are expected to meet certain criteria before they are allowed to renew their visas without departure.  For example, previous violations would disqualify an applicant for the program. The requirements should be similar to the interview waiver program implemented for overseas visa applications. 

The pilot program is good news for H-1B workers.  Currently, they must depart the U.S. to apply for a visa, and they must successfully obtain the visa before they can return to the United States. These workers are often forced to wait for many months abroad due to backlog of cases and administrative processing.  Such delays have caused separation to families and workforce disruptions.

The State Department discontinued domestic visa renewals about 20 years ago. The pilot program is the first step in an attempt to revive this important program, as urged by foreign workers, employers, and immigration practitioners.  We expect the White House to give the green light to the pilot program. Stay tuned for more updates.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  




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