US Immigration: The return of domestic visa renewals and how to participate

History of the program

Stateside visa renewals existed for decades until they were discontinued in 2004 for non-diplomatic nonimmigrant visas due to heightened security laws after the events of 9/11 that mandated the collection of biometric fingerprints. The DOS did not have the capacity to collect fingerprints domestically and instead required all non-diplomatic visa applicants to apply for visas at a consulate abroad where fingerprints could be collected.

However, the COVID-19 pandemic contributed to significant delays in visa processing times overall, particularly with exorbitant interview wait times at posts across the globe. Once again, the argument in favor of the benefits of the return of domestic visa renewals resurfaced after the pandemic. Fortunately, the DOS has taken note and delivered a pilot program that seeks to alleviate the interview wait times and assist in streamlining visa services.

Highlights of the program

On January 29, 2024, the DOS started accepting the first 20,000 eligible applications through the DOS website and will continue to do so until April 1, 2024.³  The pilot program is limited to applicants who have previously submitted biometric fingerprints for their prior visa application to overcome the security concern associated with the need for collecting biometrics.

By allowing applicants to renew H-1B visas domestically without requiring an in-person interview abroad, the DOS seeks to increase capacity to adjudicate other visa categories abroad. This will be especially beneficial in reducing the long interview wait times for first-time travelers for business and tourism.

The requirements to be eligible to participate in the pilot are for applicants who:

• Are seeking to renew an H-1B visa
• Have a prior H-1B visa that was 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
• Are not subject to a nonimmigrant visa issuance fee (reciprocity fee)
• Are eligible for a waiver of the in-person interview requirement
• Have submitted 10 fingerprints to the Department in connection with a previous visa application
• Had a prior visa that does not include a “clearance received” annotation
• Do not have a visa ineligibility that would require a waiver prior to visa issuance
• Have an approved and unexpired H-1B petition with a valid I-797 approval notice and I-94
• Were most recently admitted to the United States in H-1B status
• Are currently maintaining H-1B status in the United States
• Have a period of authorized admission in H-1B status that has not expired
• Intend to re-enter the United States in H-1B status after a temporary period abroad

Scope of program

The above requirements include discretionary features to limit the pilot program to a manageable size to test its efficacy. In designing the parameters for the pilot, the DOS appears to have deliberately sought to narrow the number of applicants who could qualify.

The program is limited to applicants who obtained their H-1B visa stamp at a US embassy or consulate in Canada or India, which are regions that face backlogs of visa interview wait times. The DOS stated these regions will provide sufficient representation of the global population and visa issuances to make the pilot meaningful.

When the pilot program was announced last year, it was proposed that it would be available to H and L visa holders. However, the pilot will only be focusing on H-1B principal applicants at this time. The DOS stated it will be focusing on this category of applicants as their work may be impacted if they travel abroad and endure long interview wait times before they can return to work in the US if their visa is expired.

If the program is successful, the DOS will review it and consider expanding it to other visa categories.

Details of the application process

The DOS will accept approximately 2,000 applicants whose most recent H-1B was issued in Canada, and 2,000 applicants whose most recent H-1B was issued in India, on a weekly basis until all slots are filled or on April 1, 2024. Slots will be open weekly on January 29, February 5, February 12, February 19 and February 26, 2004.

Once the weekly limit is reached, the online portal will be locked until the next batch of slots opens for the following week. The online portal also features a self-assessment tool that will help the applicant determine whether they qualify to participate in the pilot.⁴ Applicants must submit the DS-160. There is a question on the DS-160 that asks where the applicant will be applying for this visa. It is recommended that the applicant select U.S. Domestic for this question.

Applicants who qualify will be sent instructions regarding how to pay the non-refundable, non-transferable application fee and where to mail their passports and other documents for processing via USPS or commercial courier service. The application fee is $205 and payment can be made through the online portal. The DOS has provided a helpful FAQ section to assist applicants determine eligibility issues and implications of participating in the program.⁵

The following documentation must be submitted with the application:

• Completed and electronically filed DS-160 application
• One photograph taken in the last six months that meets the DOS’s specifications
• A passport that is valid for at least six months beyond the visa application date and contains a blank, unmarked page to place the visa foil
• Original or copy of the applicant’s current Form I-797 that is valid and unexpired
• Original or copy of the applicant’s Form I-94 that is valid and unexpired

Applications will be adjudicated in the order received and applicants will not receive status reports on their applications. The application will either be returned unadjudicated or refused, or a visa will be issued. The DOS estimates the average processing times is six to eight weeks from the date the passport is received. Expedited processing is not available for the pilot. The DOS has stated it aims to process all applications by May 1, 2024.

Withdrawals and refusals

It is important to note that participating in the pilot program does not guarantee the applicant will receive domestic issuance of a visa. Applicants who do not meet the requirements are not eligible to be issued a visa domestically.

If an individual applies and is found to be ineligible for the domestic visa renewal program, their fees will not be refunded and they will have to submit a new application and apply overseas.

If an applicant applies for a visa renewal through the pilot but subsequently finds they must travel urgently, they may withdraw the application and request the passport be returned. The application will be refused under INA 221(g), but this will not prejudice any future application.

If an application is adjudicated but does not satisfy the requirements of the pilot — including cases where an interview will be required — the application will be refused under INA 221(g). Such an applicant may reapply by filing a new application abroad where they have a residence or are physically present, and they must pay a new application fee.

An application may also be refused if the applicant fails to provide required documentation but is expected to overcome the refusal before the end of the pilot. In such case, the DOS will provide instructions to the applicant to provide the outstanding documentation or correct minor errors by April 15, 2024 before completing adjudication. If the information is provided in a timely manner, the DOS can issue the visa and overcome the refusal. Any refusal due to missing documents will not be overcome when the pilot concludes on May 1, 2024.

It should be noted that the DOS has stated that if a refusal under INA 221(g) is issued it will impact future visa applications including ESTA applications required for travel under the Visa Waiver Program as a refusal in this case will constitute a denial of a visa.

Based on the foregoing, it will be integral that those considering applying ensure they have reviewed all the requirements of the program and review any potential sources of ineligibility with an attorney to avoid delays and wasting resources.

Commentary and recommendations

The pilot program is a step in the right direction by the DOS. The clear objective is to streamline the visa process and tackle the backlog of visa interviews that have strained the immigration system since the pandemic.

We are pleased to see that many of the recommendations provided in our previous article have been implemented in the pilot program’s initial offering to narrow the scope, including focusing on Mission India, principal applicants only, limiting the pilot to a specified number of applicants before the program closes as well as the use of an online portal with a screening tool to determine eligibility and DS-160 to apply.

As noted above, Mission Canada was also selected for inclusion in the pilot program, as the wait times for many major cities in this country are over 100 days for H visas. The Vancouver consulate continues to have the highest wait time, currently over 400 days for H visas.⁶

We look forward to seeing how effective the screening tool will be in accurately weeding out ineligible candidates. Further, we are curious to see how many refusals there will be for applications that were adjudicated and screened to be eligible but were subsequently found to be ineligible. This information may be helpful in further developing the screening tool in the future as well as educating the public to try to prevent applicants from wasting their time and resources applying if they are not eligible.

While we are excited to witness the pilot’s progress, we have some ideas for expanding it further. The current scope of the pilot is deliberately very narrow, to allow the DOS to assess its ability to execute this type of program domestically. Prior to the program’s discontinuation in 2004, domestic visa renewals were permitted for E, H, I, L, O and P visa classifications.⁷

If the pilot program is successful and the DOS has the capacity to increase its staff to accept a greater number of applicants, we would recommend expanding the program further by focusing on important eligibility factors such as visa issuance dates, and different consulates and visa categories. For example, if all goes well with the initial pilot, the DOS can again scale up the program to accept 30,000 applications in a span of a few months. The portal can close after capacity has been reached to again assess the efficacy of the program under the new parameters.

Additionally, the DOS can consider expanding its offering to Mexico, as it represents 48% of all H visas issued across the globe and the highest number of H visas issued from a single country.⁸ The wait times for interviews at Mexican consulates are not as long as those experienced at Indian and Canadian consulates, but Mexico should be prioritized as the next country the program expands to as there is a high demand for H visas and these temporary workers represent a significant source of business for the US economy.

The visa issuance date window for India and Canada under the pilot program is very limited for those eligible to participate. For India in particular, the eligibility period spans only seven months in 2021, a period when many people were unlikely able to obtain a visa stamp or chose not to travel due to the pandemic.

In our opinion, it would be beneficial to consider expanding these windows, as it includes periods that were impacted by the pandemic when consulates were closed or faced very long wait times to obtain an interview. As such, the pool of eligible applicants will be significantly reduced due to these timelines with the pilot.

If the pilot is expanded, we suggest the Mission India issuance dates should be expanded further to encompass 2020-23 to allow for periods before the pandemic as well as when individuals had the opportunity to attend a consulate abroad. We believe expanding the dates of eligibility for the issuance dates will enable a wider pool of applicants to benefit from the program.

Consideration should also be given to including beneficiaries in addition to principal applicants in the next phase of the program. The pandemic significantly impacted immigration and caused numerous families to be apart or miss important milestones. Including beneficiaries in the program will assist with family unification and allow spouses to renew their visas domestically without the concern that they may get stuck abroad for extended periods.

While we recognize the need to keep the initial pilot offering narrow, we feel there is still much more work to be done to improve immigration services globally, and family unification should also be prioritized in addition to preserving work authorization to benefit businesses.

Finally, we strongly recommend L visas should be the next visa classification to be included in the program, as this visa represents a large portion of petition-based temporary workers, has a significant impact on businesses and faces interview backlogs much like H-1B visas.

The pilot program is an exciting new offering that we would like to see expanded further based on the foregoing recommendations to see meaningful changes be made to visa interview wait times and overall visa processing services.

Key takeaways for mobility professionals 

Connect with your immigration counsel to learn more about the scope of this program and eligibility to participate in the pilot. There are strict eligibility requirements that should be reviewed with an attorney before applying for the pilot program.

Educate your business about the pilot program and its impact.

Identify and connect with employees in your organization who might benefit most from having their visa renewed domestically.