A pilot program that will enable some workers who perform important jobs in the United States to renew their visas without returning to their home countries is to begin next month.
The visa stamping process has disrupted the lives of many skilled workers who come to the United States for work for years. They have to return to their home countries to renew their visas. Their problems were exacerbated by the COVID-19 pandemic which closed consular services and caused massive delays.
From Jan. 29 until April 4, 2024, a limited number of workers who meet certain requirements will be able to get their visas stamped in the United States. The pilot will allow 20,000 H-1B specialty occupation workers to apply to renew visas in the US beginning in late January.
As immigration attorneys, we welcome this program that will take the turmoil out of the stamping process for some skilled overseas workers. We hope it heralds a wider move to domestic visa stamping in the future.
The pilot program is applicable to H-1B workers whose visas were issued at consular offices in India from Feb. 1, 2021, through Sept. 30, 2021, or Canada with the issuance date of Jan. 1, 2020, through April 1, 2023, according to a notice from the Department of State.
The notice says H-4 visa holders will not qualify for domestic visa renewals at present because attempting to do so “created additional technical and operational challenges that cannot be resolved before the pilot launch date.” H-4 visas are issued to dependents of skilled workers who receive H-1B visas.
“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,” the notice said.
On Feb. 9, 2023, the Department of State announced the first details of a pilot program to renew H-1B visas for specialty occupation workers as well as L-1 visa stamps for temporary workers in the United States, potentially avoiding the delays and disruptions workers face when they return to their native countries. L-1 visa holders are not mentioned in the revised pilot.
The Department will begin accepting online applications on January 29, 2024, via its website.
The Department will release approximately 2,000 application slots each week for applicants whose most recent H-1B visas were issued by Mission Canada, and 2,000 application slots for those whose most recent H-1B visas were issued by Mission India every week to control the flow of applications.
The visas will be released in the following weeks:
- January 29
- February 5
- February 12
- February 26.
Once the limit is reached, the department will lock the online portal until the next slate of slots is released for each participating Mission group on the next application date, according to the notice.
The pilot program represents the first time non-diplomatic visas have been renewed in the United States since 2004 following the passage of the Enhanced Border Security and Visa Entry Reform Act which required all U.S. visas issued after October 26, 2004 to include biometric identifiers.
The State Department lacks the capacity to collect fingerprints in the United States. All non-diplomatic visa applicants were required to apply for new visas outside of the United States where fingerprints were collected at a U.S. embassy, consulate, or occasionally, at an offsite contract facility.
“For purposes of implementing this pilot, however, those prior concerns are overcome, as participation in the pilot is limited to individuals who have previously submitted fingerprints in connection with the application for the prior visa, are eligible for a waiver of the in-person interview requirement and meet other applicable requirements,” the State Department said in the new notice.
The pilot follows a recommendation from the President’s Advisory Commission on Asian Americans, Native Hawaiians, and Pacific Islanders in 2022. In making the unanimous recommendation for domestic visa stamping, the commission noted applicants in countries such as India and Pakistan were waiting as long as 840 days to get a visa appointment.
Our immigration lawyers can help you apply for what is likely to be an oversubscribed program. We can also assist with your inquiries about H1-B visas for specialized foreign workers. Please contact us at (757) 464-9224.