Department of State to Resume Stateside H-1B Visa Renewal Program

Commencing January 29, 2024, and expected to run through April 1, 2024, DOS will launch a pilot program for certain eligible foreign nationals from Canada and India to renew their H-1B Visas stateside without having to travel abroad for “H-1B Visa Stamping.” The program would eliminate in-person interviews for certain H-1B visa holders, but not their H-4 dependents. It is expected that DOS will release 4,000 visas in the first five weeks of the program.

In order to qualify for the program, current H-1B visa holders must meet the following criteria:  

• File to renew a prior H-1B visa issued by Mission Canada between January 1, 2020, through April 1, 2023, or
• File to renew a prior H-1B visa issued by Mission India between February 1, 2021, through September 30, 2021;
• Be eligible for an in-person interview waiver;
• Have submitted ten fingerprints to DOS in connection with the prior visa application;
• Have an approved and unexpired H-1B petition; were most recently admitted to the U.S. in H-1B status; and have maintained H-1B status in the United States;
• Intend to reenter the U.S. in H-1B status after a temporary period abroad;
• Not be subject to a nonimmigrant visa issuance (reciprocity) fee;
• Not hold a visa that includes a “clearance received” annotation; and
• Not have a visa ineligibility that would require a waiver prior to issuance.

DOS will begin accepting online applications for the program on January 29, 2024 via Domestic Renewal of H-1B Nonimmigrant Visas for Certain Applicants (state.gov). Applications will be considered in the order they are received. DOS expects the average processing time to be 6-8 weeks from the time the application is received. No requests for expedited processing will be accepted. Issued visas, passports, and documents submitted in support will be returned to the applicant via courier service.

For any further guidance or assistance in filing during the pilot program period, please contact a member of Benesch’s Immigration Team.

Alan Rothenbuecher at arothenbuecher@beneschlaw.com or 
216.363.4436.

Margarita S. Krncevic at mkrncevic@beneschlaw.com or 216.363.6285.

Alyson Waite at awaite@beneschlaw.com or 216.363.4414.