Limited H-1B Domestic Visa Pilot Renewals Opens January 29, 2023

On 12/21/2023, the State Department announced a pilot program to allow certain qualified H-1B non-immigrant visa applicants to renew their H-1B visas domestically. For the past 20 years, nonimmigrant visa applicants, including H-1B holders, have had to leave the U.S. in order to apply for/renew their nonimmigrant visas. With the pilot program, the State Department is going to test its technical and operational ability to resume domestic visa renewals for certain nonimmigrant visa holders. 

How does the pilot program work?

The pilot program will be limited to certain H-1B holders who meet certain criteria. Applications will be processed on a “first-come, first-serve” basis. There are approximately 20,000 application slots available. Qualified applicants will need to complete and submit a DS-160 form and pay the required visa application fee at a State Department portal to participate. 

Application slots will be released in batches. The State Department will release application slots weekly, for approximately 4,000 slots per week. There will be 2,000 slots for applicants whose most recent H-1B visas were issued by an Embassy/Consulate Office in Canada, and another 2000 for applicants whose most recent H-1B visas were issued by an Embassy Consulate Office in India each time. Application slots are planned to be available on 1/29, 2/5, 2/12, 2/19, and 2/26 in 2024. Once the weekly limit is reached, the portal will be locked until the next release date. 

After submitting the DS-160 form and required fees, applicants will be provided a physical address to mail in their passports and supporting documents for review and adjudication. 

It will take roughly 6 to 8 weeks for the State Department to process the application after receiving applicants' passports and other required documents, including passport photos. Applicants can check their application status at the CEAC status tracker portal after submission. 

Expedited processing will not be available for the pilot program, but the State Department expects to complete processing of all applications by 5/1/2024. 

The State Department will send the passports, with the issued visa, back to applicants by mail after adjudication. 

Who is eligible?

Applicants will need to meet the following requirements before they can apply to renew their H-1B visa domestically.    

• Only seeks to renew an H-1B visa. No initial H-1B visa applications or H-4 dependent visa;
• Prior H-1B visa that is being renewed was issued by the U.S. Embassy and Consulate Offices in Canada with an issuance date from 1/1/2020 through 4/1/2023; or by the U.S. Embassy and Consulate offices in India with an issuance date from 2/1/2021 through 9/30/2021;
• Not subject to a nonimmigrant visa issuance fee (commonly referred to as a “reciprocity fee”);
• Eligible for a waiver of in-person visa interview;
• Submitted ten fingerprints in a previous visa application to State Department;
• Prior visa does not include a “clearance received” annotation;
• Do not require a waiver for visa ineligibility; 
• Have an approved and unexpired H-1B petition; 
• Most recent admission to the U.S. was in H-1B status;
• Currently maintaining valid H-1B status in the United States with an unexpired I-94;
• Intend to reenter the United States in H-1B status after a temporary period abroad. 

The State Department will also provide a navigator tool on the designated portal for applicants to perform a self-assessment before starting the domestic H-1B visa renewal application. As the self-assessment tool is just advisory, applications submitted by unqualified applicants will be returned adjudicated, and the visa application fees will not be refunded. 

When does the program kick off?

The program will accept applications from 1/29/2024 to 4/1/2024. Beginning the week of 1/29/2024, applicants can start submitting the domestic H-1B visa renewal application at the State Department designated website. 

The application period will close when all applications are filled or on 4/1/2024, whichever comes first. 

Next steps

The pilot program is starting about a month from now. Interested applicants should look into the requirements to determine if they are eligible for participating in the program. If this initial launch goes well, the State Department may consider expanding the domestic visa renewal program to other nonimmigrant visa categories, such as H-4 dependent visas, as well. 

We will keep a close eye on the program and provide updates accordingly. 

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