After discontinuing stateside visa issuance in 2004, the Department of State will start a new stateside visa program starting January 29, 2024. Under this pilot program, certain H-1B visa holders may apply to renew their H-1B visa stamps without leaving the United States. The Department of State will use this pilot program to assess the feasibility of expanding stateside visa issuance.
What are the Dates of the Program? January 29, 2024 until April 1, 2024
Who is eligible?
Only certain H-1B visa holders may apply; H-4 dependent spouses and children may not apply. The H-1B visa holder must have already received an H-1B visa stamp from a US Embassy or Consulate in Canada or India. Visas from Mission Canada must have been issued between January 1, 2020 and April 1, 2023. Visas from Mission India must have been issued February 1, 2021 and September 30, 2021. Notably, the Department of State will only accept 20,000 total applications (half from Mission Canada and half from Mission India).
In addition to the above, applicants must meet further grounds of eligibility: Applicants must be eligible for an in-person interview waiver under the DOS guidelines issued on December 23, 2022. They must have an approved / unexpired H-1B petition and be validly maintaining an unexpired H-1B status. They must have submitted full fingerprints to the DOS in connection with their earlier H-1B visa application. Their most recent entry to the United States must have been in H-1B status. They must not have any ineligibility that would require a waiver prior to visa issuance, nor may they have an earlier visa with an annotation that reads “clearance received.”
How may eligible H-1B visa holders apply under this program?
The Department of State will release an allotment of online application slots once per week for a 5-week period, starting on January 29, 2024. Interested prospective applicants may seek an application slot on the designated website. After passing the screening questions, eligible individuals will pay a non-refundable visa fee and file the nonimmigrant visa application (Form DS-160) online. The DOS will then provide instructions on how the applicant can submit the required documents.
What will happen after the stateside visa application is submitted? The Department of State will consider applications in the order they are submitted, with an estimated processing time of 6-8 weeks.
Will a stateside visa be guaranteed if an applicant receives a slot in the pilot program? No. The Department of State will deny any applications that do not fall within the parameters of the pilot program. Additionally, they will deny an application if the applicant does not timely provide the required information and documents. In this event, DOS will return the passport without a visa stamp. Those applicants must apply through a US Embassy or consulate overseas, following customary procedures.
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