Pilot Program To Resume Renewal of H-1B Nonimmigrant Visas in the United States for Certain Qualified Noncitizens

Yesterday the U.S. Department of State (DOS) pilot program published in the Federal Register that they will resume renewals of H1B visas from within the United States and will accept applications from January 29 to April 1, 2024. Applicants who meet the requirements may apply online at https://travel.state.gov/content/travel/en/us-visas/employment/domestic-renewal.html. In order to qualify for this pilot program, applicants must meet all of the following criteria:

  • The applicant must be seeking to renew an H1B visa.

  • Prior H–1B visa must have been issued by Mission Canada with an issuance date from January 1, 2020, through April 1, 2023; or by Mission India with an issuance date of February 1, 2021, through September 30, 2021.

  • The applicant is not subject to a non-immigrant visa issuance fee (commonly referred to as a “reciprocity fee”).

  • The applicant is eligible for a waiver of the in-person interview requirement.

  • The applicant has submitted ten fingerprints to the Department of State  in connection with a previous visa application.

  • The prior visa does not include a “clearance received” annotation.

  • The applicant does not require a waiver prior to visa issuance.

  • The applicant has an approved and unexpired H1B petition.

  • The applicant was most recently admitted in H1B status.

  • The applicant is currently in valid H1B status.

  • The applicant’s period of authorized admission in H1B status has not expired.

  • The applicant intends to reenter the United States in H1B status after a temporary period abroad.

The applications will be accepted via an online portal and will be processed in the order in which they are received. After the online submission of the DS–160 and payment of the  $205.00 MRV fee, applicants will receive instructions through the portal to send their passports and other required documents via the U.S. Postal Service or commercial courier service to the Department of State.

The pilot program will allot a total of 20,000 H1B visas. From these 20,000, the Department of State notes that about 4,000 application slots will be released each week, with half going to H1B visa applicants whose most recent visas were issued by Mission Canada, and the other 2,000 slots going to applicants whose last visas were issued by Mission India. Each week, once the 4,000 slots are used, the online portal will be locked until the new allotment is released. This will continue through February 26, 2024, when the last batch of 4,000 slots is scheduled to be released. If, by then, the full 20,000 visas are used, the pilot will close. If not, the program will continue until all the visas are used, or until April 1, 2024, whichever comes first.

Sincerely,

PampaninFoster, LLC

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