How To Leverage The Domestic Visa Renewal Pilot Program For Your Workforce

A comprehensive overview of the U.S. Department of State's initiative

On January 29, 2024, the U.S. Department of State began accepting H-1B visa renewal applications in accordance with their long-awaited domestic visa renewal pilot program. The program will allow certain H-1B non-immigrant visa applicants who meet the eligibility requirements to renew their H-1B visa in the U.S., eliminating the need to travel internationally to a U.S. consulate or embassy. 

In partially re-implementing the visa renewal program, which has not been available to non-diplomatic visa applicants since 2004, the department’s aim is to test their ability to resume domestic processing of visa renewals for specific non-immigrant classifications with the ultimate goal of reducing visa wait times at U.S. consulates and embassies globally. While the pilot program is limited in scope, the department has confirmed that it will look to expand the program in the future to other visa types and classifications. 

 

Overview

The pilot program is voluntary and will run from January 29, 2024, to April 1, 2024, and it will be limited to 20,000 application slots. It will also be limited to those seeking to renew their H-1B visas originally issued at a U.S. embassy or consulate in India or Canada.

The department will release approximately 4,000 application slots each week for five weeks. Specifically, 2,000 slots per week will be available for applicants, whose most recent H-1B visa was issued by the U.S. Mission Canada with an issuance date of January 1, 2020, through April 1, 2023, and approximately 2,000 slots per week will be available for applicants, whose most recent H-1B was issued by the U.S. Mission India with an issuance date of February 1, 2021, through September 30, 2021.

The published release dates are as follows:
 

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

Renewal applications will be processed on a first-received, first-processed basis until the above limits are reached. The application period will close when all application slots are filled or on April 1, 2024, whichever is sooner. 

Eligibility Requirements

Applicants must also meet the following criteria:
 

• Must be seeking to renew an H-1B non-immigrant visa only;
• Must not be subject to a non-immigrant visa issuance (“reciprocity”) fee;
• Must be eligible for a waiver of the in-person interview requirement;
• Must have submitted 10 fingerprints to the State Department in connection with the prior visa application;
• Prior visa does not include a “clearance received” annotation;
• Do not have visa ineligibility that would require a waiver prior to visa issuance;
• Were most recently admitted to the United States in H-1B status;
• Are currently maintaining H-1B status in the United States;
• Have an approved and unexpired H-1B petition;  
• Period of authorized admission in H-1B status has not expired; and 
• Intend to reenter the United States in H-1B status after a temporary period abroad.

Those who feel they meet the eligibility requirements can begin their domestic renewal application online by visiting Nonimmigrant Visa - Instructions Page (state.gov).

H-4 Dependent Visa(s)

Notably absent from the pilot program are H-4 dependent visa renewal applicants. Participation in the pilot program is limited to applicants, who are seeking to renew their H-1B visa only, thus, eliminating an applicant’s ability to renew their spouse or children’s dependent visas domestically. The department determined that “including other visa categories, including H-4s, created additional technical and operational challenges that cannot be resolved before the pilot launch date.” 

Application Processing

• Applications will be considered in the order received. The department will not provide non-automated status reports on individual applications, other than the return of the application, issuance of the visa, or refusal, nor will it expedite applications. Applicants may check the status of their application at: https://ceac.state.gov/CEACStatTracker/Status.aspx?App=IV . 
• The average processing time for a domestic visa renewal application is expected to be six to eight weeks from the time that the passport and other required documents are received by the department.
• The department will not consider requests for expedited processing. If an applicant anticipates urgent travel, the applicant may wish to apply for visa renewal overseas where they have a residence or are physically present. If an applicant applies for domestic visa renewal and learns that they must travel urgently, the applicant may withdraw their application and request through the online portal that their passport be returned to them.
• Issued visas, passports, and other documents submitted by the applicant will be returned via the U.S. Postal Service or a commercial courier.
• Visa applications will be refused if the application is accepted for domestic adjudication, but the applicant is subsequently found to be ineligible for a waiver of the in-person interview requirement, or otherwise fails to satisfy the requirements for domestic renewal.

Those foreign nationals who do not meet the requirements of the pilot program, or choose not to participate, may still apply for their visa renewal at a U.S. embassy or consulate abroad. 

Impact

The pilot program’s application slots will likely be in high demand as it will allow certain foreign nationals to avoid traveling internationally to renew their visa and eliminate the severe delays and uncertainties that come with renewing a visa at a U.S. embassy or consulate. 

Visa appointments at many U.S. embassies or consulates are notoriously backlogged. In December alone, the U.S. consulate in Chennai, India processed over 4,000 H-1B visas. This sort of demand often results in long visa appointment wait times, causing those seeking visa renewal to not be able to book a visa appointment for several weeks or even months. 

While the pilot program is limited, it will undoubtedly be positive news for U.S. employers and their foreign workers. The department has stated that they are implementing this program to “alleviate the uncertainty often experienced by U.S. companies that employ temporary workers requiring petition-based visas, as well as the uncertainty experienced by their impacted workers.”

	Justin Coffey is a Partner at Constangy, Brooks, Smith & Prophete LLP. He counsels corporate clients of all sizes related to their complex U.S. immigration needs.
	Daniel Ball is an Attorney at Constangy, Brooks, Smith & Prophete LLP. He counsels corporate clients of all sizes related to their complex U.S. immigration needs.