State Department Releases Criteria for H-1B Domestic Visa Renewals

A small number of H-1B workers will have the opportunity to participate in the U.S. Department of State’s domestic visa renewal program starting Jan. 29, 2024.

The program will allow eligible applicants to renew an H-1B visa in the U.S. without having to travel to a U.S. consulate abroad. Full details on eligibility criteria and how to apply were released Dec. 21.

The pilot program will be limited to eligible foreign nationals who received an H-1B visa from:

• A U.S. consulate in Canada between Jan. 1, 2020, and April 1, 2023.
• A U.S. consulate in India between Feb. 1, 2021, and Sept. 30, 2021.

The pilot will be limited to 20,000 H-1B workers—10,000 each from Canada and India—and will close on April 1, 2024, or when all application slots are filled, whichever comes earlier.

Approximately 4,000 application slots will be released weekly between Jan. 29 and Feb. 26, 2024.

Each applicant must first complete a self-guided questionnaire to determine eligibility. If they are eligible, they must then submit Form DS-160 and pay the required $205 nonrefundable application fee online. Applicants will receive instructions on submitting their passport and required application documents to the State Department.

The program is limited to nationals of countries that are not subject to reciprocity fees. Dependent H-4 visa holders (the spouses and children of H-1B workers) and other temporary workers such as L-1 employees don’t qualify for domestic visa renewals for now. If the pilot program proves successful, however, the government’s goal is to expand the program’s eligibility to other visa categories and individuals.

“The launch of such a program is an important step that will greatly reduce the backlog at U.S. consular posts abroad when it comes to requests for visa renewal interview appointments,” said George Michael Thompson, an attorney in the Washington, D.C., office of Littler. “At present, all visa holders who wish to renew their U.S. [temporary work] visas are required to leave the United States and schedule an interview appointment at a U.S. consular or embassy post abroad. While some individuals can qualify for interview waivers, which can cut down on the wait time, they must still depart the United States to process their visa renewal abroad and re-enter the United States. This process can be both time-consuming and burdensome on visa holders.”

In countries such as India—the biggest source of H-1B workers—wait times can swell, creating uncertainty over travel plans, stranding some workers abroad for months and discouraging others from going abroad.

Alexandra LaCombe, an attorney in the Detroit office of Fisher Phillips, said that the current visa renewal process is costly for both employees and their employers.

“It can also be very disruptive in cases of visa issuance delays, as the employee must remain abroad until they receive their passport with the visa stamp back from the consulate,” she said. “Additionally, as many consulates are still reeling from pandemic scheduling backlogs, it might take several months to even get an appointment, thus preventing some employees with expiring or expired visas from being able to travel internationally on behalf of their employers.”

LaCombe explained that domestic visa revalidation in the U.S. is not new.

“It was discontinued in 2004 due to increased post-9/11 security requirements,” she said. “Prior to that, foreign nationals who were already in the U.S. with valid but expiring or expired visas could mail their passports to the government with the appropriate petition documentation. They would then have the visa stamped in their passport without having to travel to the U.S. consulates abroad.”

Get Started

Demand for the pilot program is expected to be very high, and application slots are limited. LaCombe said that employers can prepare for the application process by taking the following steps:

• Ensure that all eligible H-1B employees have their current visa documentation in place. A thorough audit will streamline the application process when the time comes.
• Evaluate employees’ potential travel plans for the upcoming year. “If they are expecting to engage in critical business travel while their passport is with the federal government, it might be wise to adjust the timing of the visa renewal, if possible, or reschedule travel,” LaCombe said.
• Establishing a dedicated channel or point of contact for all visa-related matters within your organization. “Ensure that the HR team, the impacted employees and their managers understand the new process and know whom to approach for clarity,” she said.