H1B Visa Stamping in USA: Pilot Program Criteria, Dates, Process

Since the Office of Management and Budget (OMB) has cleared the rule to run the pilot program for H1B Visa stamping within the US, many of you have been waiting for the official regulation text. Today, the US Department of State has published the regulatory text on the federal register outlining the pilot program details.

This article will review the official regulation and summarize the details, such as the criteria for applying for H1B stamping with the US, how it would work, start dates, and other information, including common FAQs.

Read Step by Step Guide to Apply for H1B Domestic Visa Renewal Pilot Program for full details with screenshots

Background: Pilot Program for H1B Stamping in the US

In the past, up until mid-2004, the US Department of State was doing US Visa Stampings within the US for several visa types such as H, L, O, C, E, and P. This was discontinued in June 2004 as the US Visa interview requirements changed with the “Enhanced Border Security and Visa Entry Reform Act of 2002“, also called Public Law 107- 173. The main change was capturing biometrics; they had no facilities to do the same back then, hence discontinued.

Since February 2023, there have been discussions around getting the US Visa stamping within the US and resuming the previous program. This was solidified in June 2023, when Whitehouse announced it during the Indian Prime Minister Mr. Narendra Modi’s visit to the US. The initial scope for the pilot was temporary work visa holders already living in the US.

In October 2023, the official rule titled, “Pilot Program to Resume Renewal of H-1B Nonimmigrant Visas in the United States for Certain Qualified Noncitizens”, was submitted to the Office of Management and Budget (OMB) for review. It was given clearance by OMB on December 15th, 2023. Today, on December 21st, the US Department of State published the official rule in the Federal Register.

Now, let’s look at the eligibility criteria for participating in the pilot program.

Eligibility Criteria to Apply H1B Stamping in the US as part of Pilot Program

All the applicants planning to apply for domestic H1B Visa renewal as part of the pilot program should meet all the listed 12 criteria below:

1. Only H1B Applicants: The US Department of State will only accept H1B Visa renewals for the pilot program. No other visas will be processed, including H4 Dependent visas.
2. Previous H1B Issued in Canada or India: The previous H1B Visa should have been issued by either Mission Canada(US Consulates in Canada) or Mission India(US Consulates in India) within the below dates:
   • H1B Stamped in Canada: From January 1st, 2020 through April 1st, 2023.
   • H1B Stamped in India: From February 1st, 2021 through September 30, 2021.
3. Must be eligible for a waiver of in-person interview: The applicant should meet all the general requirements to qualify for the interview waiver or Dropbox stamping option. You can check the H1B Visa Dropbox Guide for complete requirements.
4. Submitted Fingerprints: The applicant should have submitted the ten fingerprints as part of the previous US Visa application. It means the applicant should have given biometrics at a US Consulate or Visa Application Center(VAC) in the past.
5. No “Clearance Received” Annotation: The applicant should not have the annotation on the previous US Visa that says Clearance Received. You can read full details at: What is Clearance Received or Department Authorization annotation.
6. Reciprocity Fee: The applicant should not be subject to the non-immigrant visa issuance fee, also called as “reciprocity fee”.
7. Unexpired H1B Petition: The applicant must have an approved and unexpired H1B Visa petition from USCIS. Technically, they should have an H1B Visa approval notice that is valid.
8. Admitted on H1B Status: The applicant should have entered the US on H1B Visa status. When you enter the US and go through the US Port of entry procedures, you should have been given H1B Visa Status by the CBP officer.
9. Maintaining H1B Status: The applicant must have been maintaining H1B Status in the US. It means that the applicant has to be working on an H1B Visa and not have any status violations. Read US Visa vs. Maintaining Status for more info.
10. H1B Status has not expired: The issued period of authorized admission on H1B Status has not expired. Technically, they mean the Form I-94 issued for your H1B Visa status should be valid and not expired.
11. Reenter on H1B Status: The applicant needs to intend to re-enter the US in H1B Status after they travel abroad for a short period. Technically, they want to ensure you will be working on an H1B Visa and entering the US on the same visa after your stamping.
12. No visa ineligibility: The applicant should not have any other issues requiring a waiver before issuing a US Visa. Some applicants may need to get a special waiver before the US consulate can issue visas. Applicants should not have such issues when applying under this pilot program.

Why is the Pilot Program is scope very narrow with so many requirements?

The regulation says that they have limited the scope of the pilot program and added the criteria so that they can adequately assess the performance and capabilities of contractors managing this.

They also did not include H4 Depedents or other visas as it will add additional technical and operational challenges for them, and they will not be able to address them before the pilot launch date. They plan to develop processes for other visa categories in parallel when the pilot program is in progress based on the real time data and feedback of the program.

If you have applied for Domestic US Visa Renewal as part of H1B Pilot program, please add your case details anonymously at Domestic Visa(H1B Pilot) Renewal USA – Tracker. It will give you an idea of the community timelines and help you predict your timelines.

H1B Stamping in the US Pilot Start Date, How Does It Work?

Below are the details on the start date of the pilot program and how it would work:

• Start Date of Pilot Program: The US Department of State will start accepting applications online for the H1B stamping pilot program from January 29th, 2024.
• Weekly 4,000 Application Slots: To facilitate and control the number of applications received, they will release 2,000 application slots for applicants who had previous H1B stamping done in Canada every week and 2,000 application slots for applicants who had previous H1B stamping done in India.
• Dates when the application Slots are released: Below is the list of dates when the US Department of State will release the 4,000 application slots weekly.
  • January 29th, 2024
  • February 5th, 2024
  • February 12th, 2024
  • February 19th, 2024
  • February 26th, 2024
• Locking of Online Portal: They will count every application received against the weekly 2000 or 4000 limit. If the applications submitted reach the limit, they will lock the online portal. The next set of applications can only be submitted when the portal opens up fresh tranche of slots.
• End Date for Pilot Program: The pilot program will end when all the 20,000 thousand application slots are filled as per the above dates or on April 1st, 2024, whichever comes first.

Where to apply for Domestic H1B Stamping using the Pilot Program?

To participate in the domestic H1B stamping pilot program, you can complete the application online at the US Department of State web page located at : https://travel.state.gov/content/travel/en/us-visas/employment/domestic-renewal.html

When applicants go the US Department of State Online webpage, they will be given options to select the location of their previous H1B stamping and will be taken through an assessment wizard to check, if they qualify for the pilot program or not.

During the process, qualified applicants will be given instructions on how to pay the Visa Machine-Readable Visa(MRV) fee, where to send the passport, and other documents.

If the applicant qualifies based on the assessment, then they need to complete Form DS-160 and complete the steps as given by the online system for sending documents, paying MRV fee, etc.

As per them, it is possible that system may not screen out all applicants who do not meet criteria and may be asked to pay fee. In such case, the MRV fee will not be refunded.

Below is a screenshot of how the webpage looks at the US Department of State website, where you can apply for domestic visa renewal for H1B Visas as part of this pilot program. They plan to add more details on this page, as we get closer to the date.

How will the H1B Stamping Pilot applications be processed?

The online applications will be considered in the order they are received. The online application submission status will be electronic and automated. Below are the steps of application processing

• Step 1 – Self Assessment: Applicant completes the eligibility self-assessment to check if they qualify for leveraging the domestic H1B stamping pilot program.
• Step 2 – DS-160, Pay Fee, Send Package: Applicant submits the Form DS-160, pays the non-refundable MRV fee, and gets instructions on how and where to send passport and documents.
• Step 3 – Initial Sorting, Return: They will initially screen and sort the received application packages from USPS or other courier services and check if the application falls into the pilot program scope. If the application does not meet the requirements, they will return the application package back to the applicant and no refund will be given.
• Step 4 – Sent for Processing: If the application received meets the requirements for pilot program, they will send the package to a location where authorized State Department Employees will adjudicate the applications.
• Step 5 – Visa Processing, No expedited process: The application adjudication can take six to eight weeks. They plan to complete all the adjudications by May 1st, 2024. They will not consider any expedited processing requests. The applicant can withdraw if there is a need for urgent travel. If you withdraw the application in the middle, you will be issued a 221g Administrative Processing for your case. No fee will be refunded.
• Step 6 – Return of Issued Visa and Passport: After the processing, the issued US visa, along with the passport and other documents submitted by the applicant, will be sent using USPS or any other commercial courier.

Required Documents for Domestic H1B Stamping Pilot Program

Below is the list of documents as given by US Department of State for the pilot program

• Fully completed Form DS-160, Online Nonimmigrant Visa Application.
• One passport photo, taken within the last six months meeting these specifications
• Original Passport that is valid for at least six months from the date of application and has a blank page.
• Original copy of the H1B Approval Notice, Form I-797, Notice of Action
• The original copy of Form I-94 is from the CBP website.
• Application Fee: The MRV Fee applicants have to pay is $205 USD. It is non-refundable and non-transferable. It is done as part of the online portal process.

Missing Documents, Corrections for Visa issuance

If there are any documents missing, the applicants will be given a refusal under 221g of the INA and given a chance to send the missing documents or do any corrections to the forms. The deadline for such corrections is by April 15th, 2024.

If they receive the documents or updated information by April 15th, 2024, they will reconsider and adjudicate the visa application as part of the pilot program. The pilot will conclude by May 1st, 2024 and applicants have to send their documents requested by April 15th.

Some of the common issues with applications or requested documents can be such as below:

• Issues with Form DS-160, not properly completed
• The photo sent is not meeting the US Dept of State Standards.
• Proof of the applicant’s residence in the US.

What happens, if my H1B Visa is not issued under this Pilot?

If your H1B Visa stamping application as part of this pilot is not successful and you are not issued a visa, you will be issued a form stating that it was refused under 221g Administrative Processing.

If your H1B Visa is not issued under this pilot, the State Department will not transfer your case to any overseas consulate or your home country consulate. The applicant will need to pursue a new application overseas or home country by completing a new DS-160 form, pay the MRV fee again, and go through the standard in-person application process.

Additional Guidance on Participating in the Pilot Program

• Applicants using the pilot program do not have to submit evidence of their residence in the US during the submission of the documents for the H1B Visa renewal in the US.
• Participation in the H1B visa renewal pilot program is voluntary. There is no mandatory requirement forcing you to use this. You can continue to get stamping done at your home country or overseas.
• If the applicant does not meet the requirements and applies for the H1B renewal using the Pilot program, the fee will not be refunded, and the visa will not be issued. The applicant must again submit new application, pay fees and apply for stamping overseas.

If you have any feedback on the pilot program, you can submit it as part of the public comments period until April 15th, 2024. They can submitted at http://www.regulations.gov under the docket number of DOS-2023-0042 or RIN 1400-AF79

What do you think of the H1B Stamping Pilot Program by the US Deparment of State? Share your thoughts or questions in comments section below.