H-1B Visa Renewal Program Details

December 21, 2023

The U.S. Department of State (DOS) has introduced a pilot program for the renewal of H-1B visas within the United States. This significant development is set to officially launch on January 29, 2024. The program, however, is characterized by its stringent eligibility criteria.

Who Can Apply?

The eligibility for this pilot program is quite specific. To apply, one must:

  • Have 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.
  • Be exempt from nonimmigrant visa issuance fees commonly referred to as “reciprocity fee”. (Note: Indian citizen are exempt from reciprocity fee.)
  • Be eligible for an in-person interview waiver.
  • Have previously submitted ten fingerprints for a visa application.
  • Not have a “clearance received” annotation on their prior visa.
  • Not require a waiver for visa issuance.
  • Possess an approved and valid H-1B petition.
  • Have been last admitted in H-1B status and currently be in valid H1B status.
  • Have an unexpired period of authorized admission in H1B status.
  • Intends to reenter the U.S. in H-1B status after a temporary period abroad.

Application Mechanics

Applications are to be submitted through an online portal. The program plans to allocate 20,000 H-1B visas, with weekly allotments of 4,000 slots. These slots are divided between applicants with visas issued by Mission Canada and Mission India. The application phase is scheduled to end on February 26, 2024, or when all visas are allocated, whichever is earlier.

Necessary Documentation

The documents required to apply for a H-1B visa renewal under the pilot program include the following:

  • A completed DS-160 form.
  • A passport-style photograph.
  • A valid passport.
  • The current form I-797 (original or copy).
  • The current form I-94 (original or copy).

Additionally, a standard $205 MRV fee is required, payable via the online portal.

Conclusion

The pilot program’s restrictive nature limits its accessibility to a narrow group of H-1B workers. However, there is hope for expanded eligibility in the future. The DOS is currently welcoming feedback from all stakeholders, indicating a potential for broader inclusivity moving forward.

For H-1B visa holders considering this opportunity, it is crucial to understand the specifics of this program and prepare accordingly. Staying informed and compliant with the requirements will be key to successfully navigating this new process.

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