You can renew your work visa without leaving the United States: how to do it

Until 2004, it was possible to renew work visas without leaving the United States. Then this practice was abolished. Now the US Department of State (DOS) has initiated a pilot program to restore this capability, reports EconomicTimes.

Photo: IStock

The pilot program is an excellent opportunity for eligible foreign nationals to renew their H-1B visa in the United States. It helps avoid having to travel abroad and face potential uncertainties and delays at the US Consulate.

Under the new pilot program, eligible applicants will be required to apply through a dedicated DOS portal that will become operational closer to the program start date.

Application Mechanism

The DOS portal will first require a self-assessment to determine eligibility before an applicant can complete the standard Nonimmigrant Visa Application Form DS-160 and pay the required $205 non-refundable filing fee.

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All fees must be paid online using a debit or credit card. Demand for the pilot program is expected to be very high and applications are limited. It is important to prepare in advance to take advantage of this benefit once the program begins accepting applications.

Application slots will be available weekly on the following dates:

• January 29, 2024
• 5 February 2024 city
• 12 February 2024 city
• 19 February 2024 city
• 26 February 2024 city

DOS will only accept up to 4000 applications per week - with a limit of 2000 from applicants with visas issued by the US Consulate in India and 2000 from applicants with Visas issued by the US Consulate in Canada. The application website will be closed when DOS receives applications that meet these restrictions. It will reopen the following day when the next batch of 4000 applications that meet these limits are accepted.

After paying the fee on the website, applicants will receive instructions to submit their passport and the following supporting documents to DOS:

• Completed and electronically submitted Form DS-160
• One recent passport size photograph that meets DOS requirements
• Passport with a validity of at least six months after the visa application date and containing at least one blank, unmarked page
• Copy of valid, unexpired USCIS H-1B petition approval, Form I-797
• A copy of the applicant's valid, unexpired Form I-94 entry record

These documents must be sent by United States Postal Service (USPS) or commercial courier service.

Once DOS receives these documents along with the passport, it will review the application again. If there are deficiencies in the application or DOS determines that the applicant does not meet the criteria, the application will be returned. It is important to understand that the registration fee is non-refundable.

Deadlines

Expected processing time is 6 to 8 weeks from receipt of the DOS application, but may take longer. It is not possible to expedite or request additional processing of these applications. If you as an applicant need to travel abroad during the review period, you can withdraw your application and request the return of your passport. If the application is withdrawn, it will be considered a "visa refusal" (and the visa fee will not be refunded), although this refusal will not have a negative impact on future applications.

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DOS expects all qualified applications under the pilot program to be reviewed by May 1, 2024.

An application may be rejected if:

• application not completed:
• DOS determines that the applicant is not eligible to participate in the pilot program;
• additional security check required.

If the application is denied, the foreign national will need to apply for a visa extension at the U.S. consulate abroad on Form DS-160 and pay another application fee.

DOS may allow the applicant to correct minor deficiencies such as missing documents, minor errors, or missing information. However, missing information or corrective actions must be taken by April 15, 2024 to correct deficiencies before the pilot program closes.

Since the pilot program does not apply to family members of H-4 visas, this poses a problem since H-4 visas can only be issued at a U.S. consulate in another country.

Although the initial pilot program is limited in scope and duration, the State Department has said it expects to eventually expand the pilot program to new visa categories and visa-issuing countries.

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