On October 17, 2023, the Department of State sent for review a Federal Register notice entitled "Pilot Program to Resume Renewal of H-1B Nonimmigrant Visas in the United States for Certain Qualified Noncitizens" to the Office of Information and Regulatory Affairs.

Tomorrow (December 21, 2023) the Department of State will release a notice announcing the pilot program to resume domestic visa renewal for qualified H-1B nonimmigrant visa applicants who meet certain requirements. The pilot program will accept online applications from 1/29/24 to 4/1/24. (The notice will be published in the Federal Register on 12/21/23.)

The pilot program will accept applications from January 29 to April 1, 2024. Participation in this pilot program will be limited to applicants who(se):

1. Are seeking to renew an H-1B visa; during the pilot phase, the Department will not process any other visa classifications;

2. Prior H-1B visa that is being renewed was issued by Mission Canada with an issuance date from January 1, 2020, through April 1, 2023; or by Mission India with an issuance date of February 1, 2021, through September 30, 2021;

3. Are not subject to a nonimmigrant visa issuance fee (Note: this is commonly referred to as a “reciprocity fee”);

4. Are eligible for a waiver of the in-person interview requirement;

5. Have submitted ten fingerprints to the Department in connection with a previous visa application;

6. Prior visa does not include a “clearance received” annotation;

7. Do not have a visa ineligibility that would require a waiver prior to visa issuance;

8. Have an approved and unexpired H-1B petition;

9. Were most recently admitted to the United States in H-1B status;

10. Are currently maintaining H-1B status in the United States;

11. Period of authorized admission in H-1B status has not expired; and

12. Intend to reenter the United States in H-1B status after a temporary period abroad.

*** The Good

One step closer to a hopefully more complete domestic visa renewal program that has not been available since 2004.

*** The Not Great for Now

The pilot program is limited to H-1B applicants. It does not include any other visa categories, including H-4s.

Please reach out to partner and Immigration Team Co-Leader, Andrew M. Wilson, awilson@lippes.com / 716.853.5100 x1345 to learn more about the new pilot program or any other immigration related topics.