H1B Renewals

April 23, 2024

DOS Provides Updates Regarding the Success of the Domestic Visa Renewal Pilot Program for H-1B Nonimmigrants

If you’ve been a long-time follower of our blog, you’ll know that on January 29^th the Department of State launched a pilot program giving certain H-1B applicants the ability to renew their visas without ever having to leave the United States.

The State Department accepted applications for this pilot program until April 1, 2024, granting domestic visa renewals for approximately 20,000 qualifying applicants, whose prior H-1B visas were issued by either 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).

What was so exciting about the pilot program’s announcement was the government’s intention to potentially expand the scope of the domestic visa renewal program to more applicants and other visa categories.

In a recent Committee Liaison meeting with the American Immigration Lawyers Association (AILA), State Department representatives said that the pilot program was a resounding success. The pilot program benefitted thousands of workers and saw strong participation from big companies, including a broad spectrum of employers from the hospitality, retail, manufacturing, technology, finance, and academic sectors.

When asked whether the State Department could release statistics about the program, representatives responded that such data is not yet available but revealed that the average turnaround time for approved applications was under two weeks.

January 19, 2024

USCIS to Launch Organizational Accounts for H-1B FY 2025 Cap Season

by Jacob Sapochnick

The United States Citizenship and Immigration Services (USCIS) recently announced that it will be launching organizational accounts for non-cap filings and the fiscal year (FY) 2025 H-1B cap season. These efforts will increase efficiency and facilitate collaboration between H-1B employers and their legal representatives.

USCIS has said that organizational accounts will allow multiple individuals within an organization, such as a company or other business entity, and their legal representatives to collaborate on and prepare H-1B registrations, Form I-129, Petition for a Nonimmigrant Worker, and associated Form I-907, Request for Premium Processing Service.

This process will effectively begin the agency’s preparation for the online filing of I-129 H-1B petitions and will eventually make the H-1B process fully electronic, from registering online, to receiving final decisions and correspondence to USCIS and the Department of State.

When will organizational accounts be launching?

USCIS expects to launch the organizational accounts in February 2024, with online filing of Forms I-129 and I-907 following shortly thereafter. The agency expects for these new changes to streamline the Form I-129 H-1B petition process and reduce duplicate H-1B registrations.

Transition to USCIS Lockbox

Additionally, the agency will be transitioning the paper filing location for Forms I-129 and I-907 from service centers to the USCIS lockbox to standardize the filing process and reduce costs.

December 22, 2023

The Department of State Will Officially Launch the Domestic Visa Renewal Pilot Program for H-1B Nonimmigrants in the United States starting January 29th

by Jacob Sapochnick

The rumors are true. For the first time in nearly two decades, the Department of State (DOS) will process domestic visa renewals for certain H-1B visa applicants without requiring them to leave the United States.

This is all part of a new pilot program starting January 29, 2024, through April 1, 2024, that will allow 20,000 qualified H-1B nonimmigrant workers the opportunity to renew their visas domestically.

The Department of State hopes the pilot program will reduce heavy backlogs at more than 200 consular sections worldwide by making available an increased number of interview appointments for other visa categories, especially first-time travelers applying for business and tourism visas who require in-person interviews.

At the same time, DOS seeks to alleviate the burden on U.S. companies that employ H-1B workers by streamlining the visa renewal process.

The Department will accept applications for the pilot program starting January 29, 2024 on its webpage.

After the initial application period which ends on April 1^st the Department will expand the scope of the program.

What are the Requirements to Participate?

Participation in this pilot will be limited to applicants who(se):

Are seeking to renew an H–1B visa; during the pilot phase, the Department will not process any other visa classifications;
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;
Are not subject to a nonimmigrant visa issuance fee (Note: this is commonly referred to as a “reciprocity fee”);
Are eligible for a waiver of the in-person interview requirement;
Have submitted ten fingerprints to the Department in connection with a previous visa application;
Prior visa does not include a “clearance received” annotation;
Do not have a visa ineligibility that would require a waiver prior to visa issuance;
Have an approved and unexpired H–1B petition;
Were most recently admitted to the United States in H–1B status;
Are currently maintaining H–1B status in the United States;
Period of authorized admission in H–1B status has not expired; and
Intend to reenter the United States in H–1B status after a temporary period abroad.

Applicants that fall outside of this scope are not eligible to apply for a visa domestically.