Stateside Visa Processing is Here!

Stateside visa processing is here! We are thrilled that the U.S. Department of State (DOS) is offering a pilot program that will allow qualified visa applicants to renew their visas here in the U.S., rather than having to travel overseas. While we are very excited for those who will be able to participate, we encourage everyone to take a deep breath - this is a new program, it's limited as to who qualifies, how many visas will be issued, and the duration of the program. If you are not eligible to participate this go round, or if you're not able to snag a spot, we are very hopeful that this program will be expanded in 2024 and beyond.

Some key information about the program to keep in mind:

Eligibility is limited to those who:

• Are seeking to renew an H-1B visa during the pilot phase between January 29, 2024, and April 1, 2024 (H-4 dependents are not eligible);
• Are renewing a prior H-1B visa issued by Mission Canada with an issuance date from January 1, 2020, through April 1, 2023, or by Mission India with an issuance date from February 1, 2021, through September 30, 2021;
• Are not subject to a nonimmigrant visa issuance (reciprocity) fee;
• Are eligible for an in-person interview waiver;
• Have submitted ten fingerprints to DOS in connection with the prior visa application. See Question 27 here;
• Prior visa doesn’t include a “clearance received” annotation;
• Do not have a visa ineligibility that would require a waiver prior to issuance;
• Have an approved and unexpired H-1B petition, were most recently admitted to the U.S. in H-1B status, and are maintaining H-1B status in the United States;
• Period of authorized admission in H-1B status has not expired; and
• Intend to reenter the U.S. in H-1B status after a temporary period abroad.

Stateside visa processing timeline:

DOS will begin accepting applications for the pilot program starting on January 29, 2024. DOS will release approximately 2,000 application slots each week for those whose most recent H-1B visa was issued in Canada, and approximately 2,000 application slots each week for those whose most recent H-1B visa was issued in India. The release dates are each Monday starting January 29th up to and including February 26th.

Where to submit the stateside visa processing application:

DOS has set up a webpage to receive applications. Keep in mind that the site will likely be very busy, especially when it first opens. Although the application site is not yet available, we anticipate that applicants will need to:

• Select the consular post of their most recent H-1B visa issuance (either Canada or India).
• Answer a series of questions to determine their eligibility to participate in the pilot.
• If eligible, applicants will need to complete and submit the electronic Form DS-160.
• Pay a non-refundable, non-transferable Machine-Readable Visa (MRV) fee online by major debit or credit card.
• Receive instructions through the online portal concerning how to send their passports and other required documents via the U.S Postal Service or another courier service to the DOS.

In addition, the required documentation will include:

• One photograph (taken within the last six months), which meets the specifications at https://travel.state.gov/content/travel/en/passports/how-apply/photos.html
• A passport valid for travel to the United States, which is valid for at least six months beyond the visa application date, and contains a blank, unmarked page for placement of a visa foil.
• An original or copy of the applicant’s current Form I-797, Notice of Action.
• An original or copy of the applicant’s I-94 Arrival-Departure Record.

Anticipated processing times:

DOS says they will process applications in the order in which they are received, and no status will be available other than returning the application, or issuance or refusal of the visa. If you apply and DOS determines that you are not eligible, your application will be returned, but the visa application fee will not be refunded. In addition, if the application is processed but they later find that you don't meet the requirements for the program, that will result in a 221(g) refusal. You can reapply at a U.S. consulate overseas. Estimated processing time is approximately 6-8 weeks, but note that that is an estimate from DOS only. No expedited processing will be available.

Visa issuance or refusal:

If the visa is issued, DOS will return the passport, visa, and documents to you via USPS or a courier service. Please keep in mind that just because your visa is renewed, that does not extend your I-94. If your visa is refused, you can apply at an overseas post. If you do not submit required documentation or information, DOS may give you an opportunity to provide the documentation or correct minor errors before April 15, 2024.

Again, we're very excited that stateside visa processing is here, and we're hopeful that it will go well and will be expanded in the future. At this time, our office is not assisting individuals with stateside visa application submissions.

If you are not yet a Sumner Immigration Law client and you’re looking for an experienced, empathetic, and efficient team to help you navigate the process with confidence, please contact us today and set up your initial consultation to get the process started! You can set an appointment online. You can also call us at 804-396-3412 or send us an email at info@sumnerimmigration.com. We are immigration lawyers in Richmond, VA but we serve clients throughout the U.S. and around the world. For more information on our firm visit Who We Are and What Makes Us Different! We look forward to hearing from you!

As always, the above information is for educational purposes only and is not legal advice. Please speak with a qualified immigration lawyer before taking action.