H-1B Visa Stamping In USA News - Immikare

The U.S. State Department’s proposed plan enabling H1B visa holders to renew their H-1B visa stamping within the USA itself will save certain H-1B visa applicants countless hours of international travel and money spent on travel abroad, H1B visa holders will no longer be required to exit the United States and visit a consular post for the renewal of an H-1B visa in their country of origin.

The move followed a recommendation from the president’s advisory commission on Asian Americans, Native Hawaiians, and Pacific Islanders. The commission noted that applicants in countries like India were waiting up to 840 days to get a visa appointment in their home country. The recommendation once approved would be a big relief to H1B visa holders from India.

H-1B Visa stamping Renewal Processing An Overview

You must be aware of the US Visa renewal process wherein to apply for a US visa renewal, you have to exit the USA and get the US visa stamping done in your home country or for that matter any other country allowing third-country nationals to get stamping in their country and then reenter the US.

To complete this process, Visa holders had to spend money and countless hours traveling to their home country, get the US Visa renewal stamping done in their country, and then get back to the USA.

The other issue associated with this is there are long visa appointment wait times across the world, including India which secures around 65% of America’s H-1B visa pool.

To solve this issue there has been a long pending demand by many Indians (Workers) and other Foreign workers affected to start US Visa stamping within the USA as this will save visa holders countless hours of travel time and money spent on travel abroad.

H-1B Domestic Visa Renewal Reports

The news of getting the U.S. visa stamping within the United States was shared in an interview by Bloomberg Law, In February 2023 Julie Stufft, deputy assistant secretary for visa services in the Bureau of Consular Affairs, announced that the U.S. Department of States will launch a pilot program allowing domestic visa stamp renewal for H-1B and L visa holders.

The DOS has indicated that:

• The initial launch of this stateside visa renewal process will be a limited pilot program
• It will be conducted to test out the operationality of the program.
• To start processing the renewals, Dos is planning to set up a consular division in Washington
• If the pilot program proves successful, then the DOS has plans to expand the program’s eligibility to other categories (visas).

The pilot program is an important first step in bringing back domestic visa renewal options to individuals in the U.S..

US Department Of State To Run A Pilot Program To Renew H1B Visas Within The USA

Recently, the US (DOS) Department of State announced that a stateside renewal program is returning for H-1B visas after almost 20 years.

By restoring the previous program, they plan to reduce the long wait times for US visa appointments and processing times at consular offices outside the US.

• On October 17, 2023, The DOS sent a Federal Register notice to the Office of Information and Regulatory Affairs
• The notice titled, “Pilot Program to Resume Renewal of H-1B Nonimmigrant Visas in the United States for Certain Qualified Noncitizens”

It announced the launch of a pilot program to renew H-1B visas for specialty occupation workers and L-1 visa stamps for temporary workers in the U.S.

• The program would allow the DOS to issue a visa stamp on a passport
• This will be done without the visa holder having to travel abroad and renew their visas at a U.S. consulate outside the U.S.
• The notice provides additional information about the upcoming pilot program,
• The pilot program would initially limit itself to H-1B visa holders.
• The Program is expected to begin in early 2024 and will be limited to H-1B principal applicants only.
• The program will be available to the first 20,000 applicants and will have eligibility requirements similar to those of the interview waiver program.
• The program will be voluntary participation.
• The program will be limited to nationals of countries that are not subject to visa reciprocity fees, one of which will be India.

Pilot Program To Stamp H-1B Visas In The US To Start Early Next Year

After Prime Minister Narendra Modi’s U.S. visit in June 2023, President Biden and the white house released a joint statement from the U.S. and India, Welcoming the State Department’s initiative with an intent to implement this in 2024 for a pool of H-1b and L visa holders and eventually broaden it to include other eligible categories.

This is a crucial development for Indian nationals as Indians secure around 65% of America’s H-1B visa pool.

Who Would Qualify for Domestic Visa Renewals?

The new stateside visa renewal pilot program is expected to be limited to H-1B principal visa applicants only and will be limited to nationals of countries that are not subject to visa reciprocity fees, One of which will be India, the biggest source of H-1B visa holders.

Historically, all U.S.-based foreign workers could renew their visas without leaving the U.S., Regulations dating back to 1987, when the State Department’s Visa Office reorganized its visa rules, and allowed for domestic visa renewal for E, H, I, and L visa holders. O and P visa classes were added later.

Note: The domestic visa renewal service was discontinued in 2004.

Pilot Program To Resume Renewal of H-1B Nonimmigrant Visas

On September 28th, 2023, the US embassy in India gave a press release:

The press release indicated their plan to implement the pilot program for domestic visa renewals for H and L visa holders early next year i.e. 2024.

H-1B Visa Stamping USA

Here are some key points about H1B visa stamping within USA:

• A U.S. visa stamp is a physical stamp or sticker in a passport that is issued by a U.S. embassy or consulate outside of the U.S. embassy or consulate outside of the U.S. It indicates that the holder is eligible to apply for entry to the U.S.
• A U.S. visa stamp can only be issued at a U.S. Embassy or Consulate abroad and cannot be issued or renewed from within the USA
• Upon entering the U.S. a Customs and Border Protection (CBP) official will review the immigration documents, visa, and other documents, authorize the status in the I-94 system, and put an ink entry stamp on the passport. The I-94 record includes the length of time the holder may remain inside the U.S.
• Having an H-1B expired visa, it is not currently possible to obtain an H-1B visa stamp within the U.S. Prior to July 16, 2004, it was possible to apply for a renewal of an already obtained H-1B visa stamp within the United States. Effective July 16, 2004, it is no longer possible to renew an H visa stamp in the United States.
• The new stateside visa renewal pilot program for H-1B visa holders is expected to begin in early 2024 and will initially be limited to H-1B principal visa applicants only. The program will be available for the first 20,000 applicants and will have eligibility requirements similar to those of the Interview waiver program

Overall, obtaining a U.S. visa stamp is an important step for foreign workers who wish to enter the U.S. However, the process of obtaining a visa stamp can be complicated and time-consuming, and it is important to follow the proper procedures and requirements.

The new stateside visa renewal pilot program for H-1B visa holders is expected to provide significant benefits by allowing certain H-1B visa holders to their visas from within the United States, rather than having to travel abroad to renew their visas at consulates.

H1B Domestic Renewal – Indian Perspective

Once H-1B is issued, It remains valid for one to three years after which it has to be renewed in one’s home country.

This process is not unique to Indian H-1B holders but given the fact that Indians undergo inconvenience due to long queues during renewals. Indians comprise around 65% of America’s H-1B visa pool.

Indians Had To Face Longer Queues

During the COVID-19 pandemic, Countless Indians got stuck in India as the US embassy and consulates had to be closed due to pandemic-induced closure.

The pandemic brought forward the difficulties Indians had to face, as visa appointments were not timely available.

Indians had to indefinitely extend their stay due to US visa renewal appointment delays in India. They were not able to secure a date to renew their work visa as over 800 days is the visa interview wait time at the U.S. embassy and consulate in India.

Consequently, many Indians on H-1B visas suffered the wrath of their employers and lost their US jobs.

Why Did The Domestic Visa Issuance( US Visa renewal within the USA) Get Discontinued?

Originally, domestic visa renewals were set up to provide services to

• Foreign government officials and
• international organizations employees.
• It was extended to most visa holders in the U.S.

Below are the main reasons for the discontinuation of the domestic visa re-issuance:

Historically, all U.S.-based foreign workers could renew their visas without leaving the U.S. However, the State Department discontinued the domestic visa renewal service for certain nonimmigrant visas in the United States in 2004.

• Requirements changed with the Public Law 107-173
• As per the new law’s section 303, they had to collect biometrics for the applicants in the U.S. itself
• The US Department of State did not have the facility to collect biometrics within the United States
• This led to the discontinuation of the domestic visa stamping within the US.

The discontinuation of the domestic visa renewal service made it necessary for foreign workers to travel abroad to their country of origin to renew their visas at consulates abroad and get their visa stamped. This created several challenges for foreign workers, including the need to travel abroad, the cost of travel, and the risk of visa denials.

How Did The Discontinuation Of Domestic Visa Renewal Affect Foreign Workers In The U.S.?

The discontinuation of the domestic visa renewal service for certain nonimmigrant visas in the United States in 2004 had a significant impact on foreign workers in the US.

Here are some ways of the ways in which the discontinuation affected foreign workers:

• Travel: Foreign workers had to travel abroad to renew their visas at consulates, which was inconvenient and expensive. This created several challenges for foreign workers, including the need to travel abroad, the cost of travel, and the risk of visa denials
• Delays: Many foreign workers who had traveled to their home countries faced lengthy waits in their home countries to get their visas stamped. As this is a precondition of reentering the U.S. after traveling abroad, Delays only got worse as a result of COVID-related consulate closures and processing backlogs at the State Department.
• Anxiety: The discontinuation created anxiety due to the uncertainty of renewing visas and continuing working in the U.S.
• Backlogs: It contributed to visa application backlogs at the U.S. consulates and created a need for modernization of the visa application process.

How Will The Stateside Visa Renewal Pilot Program Benefit H-1B Visa Holders?

The stateside visa renewal pilot program for H-1B visa holders is expected to provide several benefits, including:

• Convenience: The program will allow certain H-1B visa holders to renew their visas from within the us, rather than having to travel abroad to renew their visas at consulates abroad. This will save visa holders countless hours of travel and money spent on travel abroad.
• Reduced visa Backlogs: The program is expected to help reduce consular delays, which were exacerbated by the pandemic and have continued in certain locations. Domestic visa renewal will help reduce workloads at U.S. embassies and consulates abroad, allowing consular officers to focus on applications that can be processed in the U.S and require an in-person interview
• For H-1B visa holders within the U.S, The program will enhance faster, cheaper, and more convenient means of renewing their H-1B visas without having to travel abroad, Thus reducing visa backlogs
• Modernization: The program is aimed at reducing visa backlogs at US consulates as well as modernizing U.S. visa processing.
• Expansion: The DOS has plans to expand the program’s eligibility to other visa categories (If pilot project proves successful).

Overall, The stateside visa renewal pilot project is expected to provide significant benefits.

Frequently Asked Questions

Can H1B Visa Stamping Be Done Within The US?

Not yet, the pilot program is still in process and can take time to start, exact official dates are not declare.

Can US Visa Renewal Stamping Be Done Within The US Today?

No, currently it can’t be done in the USA, you need to follow the ongoing process that is already in place according to it you need to go to your Home country or another country that allows third country stamping

Can USCIS Do US Visa Stamping Within The US?

NO, USCIS is not authorized to issue US visas,

• USCIS does not issue any visa stampings within the US.
• They mainly focus on US Visa Status and extending them and not visa stamping.
• They only issue approval notices to extend or change status.

When Will The Pilot Program To Renew US Visas Within The US Start

No official dates are given by the US Department of State. It is most likely to start in the early part of 2024. Further details awaited.

Conclusion

According to leading global immigration law firms, the complete details of the pilot program will remain confidential until released by DOS.

Related Topics:

USCIS Meaning

What Is A Travel Document Number?

How to become a US citizen: A Step-By-Step Guide