On December 21, 2023, the USA Division of State (DOS) printed a discover detailing the implementation of a home visa renewal via a restricted pilot program. The pilot program resurrects a course of the DOS discontinued in 2004 and can permit sure eligible candidates to resume an H-1B visa in the USA while not having to journey overseas to a United States consulate. The pilot program might be in impact from January 29, 2024 via April 24, 2024, and might be restricted to a complete of 20,000 H-1B visa purposes. Candidates should file the Type DS-160 nonimmigrant visa utility on-line and start the method at a devoted DOS home renewal web site.
Eligible Candidates for Home Visa Renewal are restricted to:
- candidates looking for to resume an H–1B visa, as no different visa classifications are eligible;
- candidates whose prior H–1B visa that’s being renewed was issued by Mission Canada with an issuance date from January 1, 2020, via April 1, 2023, or by Mission India with an issuance date of February 1, 2021, via September 30, 2021;
- candidates who’re not topic to a nonimmigrant visa issuance price generally known as a “reciprocity price;”
- candidates eligible for a waiver of the in-person interview requirement;
- aplicants who’ve submitted ten fingerprints to the DOS in reference to a earlier visa utility;
- candidates whose prior visa doesn’t embrace a “clearance obtained” annotation;
- candidates who do not need a visa ineligibility that will require a waiver earlier than visa issuance;
- candidates who’ve an accredited and unexpired H–1B petition;
- candidates most not too long ago admitted to the USA in H–1B standing and at present sustaining H–1B standing in the USA;
- candidates whose interval of licensed admission in H–1B standing has not expired; and
- candidates who intend to reenter the USA in H–1B standing after a short lived interval overseas.
Utility Interval
Every week in the course of the pilot interval, the DOS will launch roughly 2,000 utility slots for candidates whose most up-to-date H–1B visas have been issued by Mission Canada and roughly 2,000 utility slots for these visa holders whose most up-to-date H–1B visas have been issued by Mission India. The discharge dates for these 4,000 utility slots might be as follows: January 29, February 5, February 12, February 19 and February 26. When the applying restrict is reached every week, the DOS will shut the applying web site till the following utility slot launch date. The applying interval will shut when all utility slots are crammed or on April 1, 2024, whichever happens first.
Find out how to Apply
Candidates can apply by accessing the devoted home visa renewal web site. From there, candidates will reply a collection of questions to finish a self-assessment and decide their eligibility. If certified, candidates should take the next steps:
- finishing Type DS–160 on-line;
- paying the required $205.00 non-refundable MRV price by way of the net portal; and
- reviewing and following the directions on submitting their passports and required utility paperwork to the DOS.
Every applicant should submit by way of the U.S. Postal Service or business courier service the next required paperwork for processing:
- an electronically filed Type DS–160 Nonimmigrant Visa Utility;
- one {photograph} taken inside the final six months, which meets the DOS requirements;
- a passport legitimate for journey to the USA, which is legitimate for at the least six months;
- the unique or a duplicate of the applicant’s present Type I–797, Discover of Motion and
- the unique or a duplicate of the applicant’s Type I–94, Arrival-Departure Document.
Processing Time and Pressing Journey
As soon as the visa is issued, the passports and different paperwork submitted by the applicant might be returned by way of the U.S. Postal Service or a business courier. The anticipated processing time for a home visa renewal utility will be six to eight weeks from when the DOS receives the passport and different required paperwork for processing. The DOS will purpose to finish the processing of all purposes by Might 1, 2024. No expedite requests might be obtainable, however purposes may be withdrawn if pressing journey is required. Thus, if an applicant anticipates pressing journey, the applicant ought to apply for the visa renewal abroad. If the applicant withdraws their utility in the course of the adjudication course of, will probably be refused, however the refusal is not going to prejudice any future utility.
Visa Refusals
Visa purposes might be refused if the applying fails to fulfill this system necessities or if the applicant fails to supply the required documentation or info. Nevertheless, the DOS will permit candidates to submit any excellent paperwork or info or appropriate any minor errors within the utility by April 15, 2024. If the applicant fails to treatment the applying defects by the that deadline, the applying might be refused or denied. If the home utility is refused, the applicant should apply at an embassy or consulate abroad by submitting a brand new Type DS–160 and submitting a brand new MRV price cost. The DOS is not going to refund the MRV price for purposes returned or refused beneath the pilot program.
Conclusion
Regardless that the 2024 home visa pilot program is proscribed, it should considerably profit some visa candidates by eliminating the necessity to journey overseas to resume their visas. The DOS additionally acknowledged that it expects to develop the scope of the program scope sooner or later to permit the renewal of different visa classes.
U.S. Division of State 2024 Extension and Enlargement of Waivers of the Interview Requirement
On December 21, 2023, the DOS introduced that the visa interview waiver program, for sure nonimmigrant visa purposes submitted at U.S. Consulates, has been prolonged and expanded efficient January 1, 2024. This program will stay in impact indefinitely and might be reviewed yearly.
The present interview visa waiver classes are the next:
- first time H-2 visa candidates (short-term agricultural and non-agricultural employees); and
- different nonimmigrant visa candidates making use of for any nonimmigrant visa classification who:
- have been beforehand issued a nonimmigrant visa in any classification, except the one prior issued visa was a B visa; and
- are making use of inside 48 months of their most up-to-date nonimmigrant visa’s expiration date.
- Moreover, beneath a separate waiver program, the DOS could proceed, till additional discover, waiving the interview requirement for visa candidates renewing a nonimmigrant visa in the identical classification inside 48 months of the prior visa’s expiration date.
In a change from final yr’s authority, the interview waiver classes have been expanded to incorporate all nonimmigrant visas, however a person will now not be eligible if their solely prior visa was a B visa.
The eligibility standards for an interview waiver for candidates in all of the above classes is as follows:
- apply of their nation of nationality or residence;
- have by no means been refused a visa (except such refusal was overcome or waived);
- and don’t have any obvious or potential ineligibility.
Consular officers should require in-person interviews on a case-by-case foundation or due to native situations. Thus, candidates are inspired to test embassy and consulate web sites for extra detailed info.
Squire Patton Boggs will proceed to watch any future DOS updates relating to authorized developments impacting purchasers. Please contact our Squire Immigration staff with any questions in regards to the visa pilot program, visa waiver eligibility or for extra info.
