What You Need to Know About Stateside H-1B Visa Renewals
Starting from January 29th to April 1st, the U.S. State Department will initiate a highly restricted pilot program for the renewal of H-1B visa stamps within the U.S. Qualified individuals can apply online to participate in this pilot program. While this brings positive news, it’s important to note that not everyone will meet the eligibility criteria. The State Department views this pilot program as an opportunity to evaluate if they can restart visa renewals within the U.S. in the future.
Do people not already renew their H-1B visas within the U.S.?
Why is the implementation of this program taking place?
The State Department ceased renewing visas within the U.S. in 2004 following 9/11. This new program aims to assess the State Department’s ability to handle visa renewals in the country. The goal is to decrease the existing wait times for visa appointments by reinstating the option for stateside visa renewals.
Am I eligible to renew my H-1B visa in the U.S.?
The pilot program permits a very limited group of visa holders to renew their visas within the U.S.
H-1B visa renewals only: Applicants need to renew their H-1B visas; other visa types, including H-4 dependents, cannot apply.
Prior H-1B visa issued in Canada or India: The applicant must have obtained their H-1B visa from either Mission Canada or Mission India during specific periods.
Only applicants eligible for interview waiver may apply: You can renew your H-1B visa through the stateside pilot program only if you qualify for an interview waiver. See Article.
You must be 10-printed: Applicants must have previously undergone fingerprinting by the Department of State.
No inadmissibility waiver required: Applicants who need to submit a nonimmigrant waiver for inadmissibility may not use the stateside renewal program. Therefore, if you have a criminal infraction or another issue requiring a waiver of inadmissibility, you cannot renew your H-1B visa through the pilot program.
Only applicants from countries without a reciprocity fee requirement can use the program. If your country necessitates a reciprocity fee, you must renew your visa at a consulate abroad. Check your country’s fees on the reciprocity table.
Maintaining H-1B status: Ensure you have a valid H-1B petition approval, were most recently admitted in H-1B status, and are currently maintaining valid H-1B status in the U.S.
IMPORTANT: Review the full eligibility requirements before applying for the H-1B stateside renewal pilot program, as the visa fees are non-refundable.
How do I apply for the stateside H-1B visa renewal pilot program?
Starting January 29th, eligible applicants can apply online. The State Department will release about 4,000 application slots on five dates: January 29, February 5, February 12, February 19, and February 26th. Please note, the application period closes when either all slots are filled or on April 1st, whichever occurs first.
To apply, visit the stateside visa renewal website at https://travel.state.gov/content/travel/en/us-visas/employment/domestic-renewal.html. Answer screening questions, complete and submit Form DS-160, and follow instructions on paying the non-refundable Machine-Readable (MRV) visa fee. Qualified applicants will also receive guidance on where to mail passports and other required documents.
Stateside visa issuance is not guaranteed. The average processing time is 6 to 8 weeks from receiving documents. The State Department aims to complete all applications by May 1, 2024.
For advice on H-1B visas or immigration matters, schedule a consultation with Quan Law Group here:
