State-Side H-1B Visa Guidance Released

The long awaiting guidance for state-side visa stamping was released on Dec 20, 2023. Here’s what you need to know:

This will be a pilot program for H1B visas only.
There will 20,000 visas only
The window will open on January 29th
There will be weekly openings to file. So calendar:
- January 29th
- February 5
- February 12
- February 19
- February 26
Only those who were issued H1B visas from Mission Canada or Mission India, and who need to renew their visas can apply.
You will apply here: https://travel.state.gov/content/travel/en/us-visas/employment/domestic-renewal.html
First complete self-assessment questions to prove their are eligible for stateside renewal (see below for who is eligible)
Then submit the Form DS-160 and pay fees of $205.00 through their online portal with a debit or credit card.
After paying the fee and submitting the form, you will be given information where to send the passport and required documents
- Docs will be:

One photograph
Valid passport
Original or copy of the current I-797 (approval notice)
Original or copy I-94

It will take 6-8 weeks to process the visas.

Who is eligible for this new pilot?

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.

Notes Many will be asking about what about their H-4 visaholder spouses or other work visas. The rule discuss that this is a pilot as they test out the new process. I am sure that if this is successful, the pilot will be extended. So, best to remain patient and watch how this unfolds.