The Department of State has set up strict eligibility parameters for applicants to be allowed into the pilot.

On December 21, 2023, the Department of State published information on a pilot project to provide visa renewals in the United States. Currently, any foreign national who needs to obtain a new U.S. visa must leave the United States to have their passport processed by a U.S. consulate abroad. This costly, inconvenient and unpredictable process has long been a source of frustration for visa holders and their employers.

Key Takeaways

• The pilot starts on January 29, 2024, and will end on May 1, 2024.
• The pilot is limited to 20,000 applications.
• Only H-1B status holders who have an expired H-1B visa issued at a U.S. consulate in India between February 1, 2021, and September 30, 2021, or issued at a U.S. consulate in Canada between January 1, 2020, and April 1, 2023, are able to apply.
• Family members on H-4 status are not eligible.
• The cost will be $205 per application. No refunds or transfers will be available regardless of the outcome.
• The application process will be initiated online and will be completed by physical submission of the applicant’s passport and supporting documents by mail.
• The State Department estimates processing will take six to eight weeks. All applications will be adjudicated on a first in, first out policy. No expedites are available.

Limits of the Pilot Project

In the Federal Register notice, the Department of State explains that it chose prior H-1B visas issued in Canada and India because “[t]he population of visa applicants in India and Canada is sufficiently representative of the global population and visa issuances during the referenced periods provide enough cases to make the pilot results meaningful, without overwhelming available resources.” Similarly, it notes that it chose to include only H-1B applicants because including H-4s “created additional technical and operational challenges that cannot be resolved before the pilot launch date.” The Department of State also notes that “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.”

Eligibility Requirements

The Department of State has set up strict eligibility parameters for applicants to be allowed into the pilot:

• Applicant must have a prior H-1B visa that was issued at a U.S. consulate in Canada between January 1, 2020, and April 1, 2023; or in India between February 1, 2021, and September 30, 2021.
• Applicant may not be from a country that is subject to a visa reciprocity fee.
• Applicant must meet the waiver requirements for the in-person interview requirement.
• Applicant must have submitted 10 fingerprints to the State Department in connection with a previous visa application.
• Applicant’s prior visa does not include a “clearance received” annotation.
• Applicant does not have a visa ineligibility that would require a waiver prior to visa issuance.
• Applicant must have a current, approved and unexpired H-1B petition.
• Applicant was most recently admitted to the United States in H-1B status.
• Applicant is currently maintaining H-1B status in the United States.
• Applicant’s period of authorized admission in H-1B status has not expired.
• Applicant intends to reenter the United States in H-1B status after a temporary period abroad.

The Application Process

The State Department will begin accepting online applications January 29, 2024, via a web portal set up for this purpose. To control the number of applications received, the State Department will release approximately 4,000 application slots―2,000 for visas previously issued in Canada and 2,000 for those previously issued in India on each of the following dates: January 29 and February 5, 12, 19 and 26.

Every application received will be counted against an approximate 2,000 maximum weekly limit. According to the Department of State:

Once the limit is reached, the online portal will be locked until the next tranche of slots are released for each participating group on the next application date. Applicants who are unable to apply on one application date may attempt to 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.

For More Information

If you have any questions about this Alert, please contact Lisa Spiegel, Valentine A. Brown, any of the attorneys in our Immigration Law Group or the attorney in the firm with whom you are regularly in contact.

Disclaimer: This Alert has been prepared and published for informational purposes only and is not offered, nor should be construed, as legal advice. For more information, please see the firm's full disclaimer.