The U.S. Department of State (DOS) is on January 29, 2024. DOS has released about the program on their website and to assist with determining eligibility to participate in the program.
- A visa stamp in your passport is only required if you intend to depart the U.S. and reenter.
Frequently Asked Questions
Who is eligible to participate in the pilot?
聽H-1B applicants (not dependents in H-4 status) who:
- Are seeking to renew an H-1B visa during the pilot phase between January 29, 2024, and April 1, 2024; AND
- Are renewing a prior H-1B visa issued by a U.S. embassy or consulate in Canada with an issuance date from January 1, 2020, through April 1, 2023, or by a U.S. embassy or consulate in India with an issuance date from February 1, 2021, through September 30, 2021; AND
- Are not subject to a ; AND
- Are eligible for an聽; AND
- Have submitted ten fingerprints to DOS in connection with the prior visa application.聽; AND
- Prior visa does not have a 鈥渃learance received鈥� annotation; AND
- Do not have a visa ineligibility that would require a waiver prior to issuance (for example, a recent arrest or conviction of a crime); AND
- Have an approved and unexpired H-1B petition, were most recently admitted to the U.S. in H-1B status, and are maintaining H-1B status in the US; AND
- Period of admission in H-1B status has not expired; AND
- Intend to reenter the U.S. in H-1B status after a temporary period abroad.
What is the application period for the pilot program?
DOS will begin for this pilot beginning on January 29, 2024.
Each week, DOS will release approximately 2,000 application slots for those whose most recent H-1B visa was issued in Canada and approximately 2,000 application slots for those whose most recent H-1B visa was issued in India.The dates of release will be as follows:
- January 29, 2024
- February 5, 2024
- February 12, 2024
- February 19, 2024
- February 26, 2024
Once the weekly limits are reached for each mission the online application portal will be locked until the next date makes the next group available. The application process will close when all slots are filled, or on April 1, 2024, whichever is sooner.
What is the application process?
To complete the application, applicants should:
- Select the consular post of their most recent H-1B visa issuance (either Canada or India).
- Answer a series of questions to determine their eligibility to participate in the pilot.聽
- Complete and submit the electronic Form DS-160.
- Pay a non-refundable, non-transferable Machine-Readable Visa (MRV) fee online.
- Receive instructions through the online portal concerning how to send their passports and other required documents via the US Postal Service or another courier service to the DOS.
*If the DOS returns application because the applicant is unqualified, they will not refund the MRV fee will not be refunded in any case.
What documents must be provided?
Each applicant must provide the following:
- A properly completed and electronically filed DS-160, Online Nonimmigrant Visa Application.
- One photograph (taken within the last six months), which .
- A passport valid for travel to the United States, which is valid for at least six months beyond the visa application date, and contains a blank, unmarked page for placement of the visa stamp.
- An original or copy of the applicant鈥檚 current Form I-797, H-1B Approval Notice.
- An original or copy of the applicant鈥檚 I-94 Arrival-Departure Record.
Evidence of international travel plans are not required in the initial application filing; however, it may be requested by DOS at a later date.
How will the application be processed and adjudicated?
Applications will be considered in the order they are received. No status on the application will be provided other than returning of the application, or issuance or refusal of the visa.
According to DOS, the average processing time is expected to be 6-8 weeks from the time the passport and documents are received by DOS and they intend to complete processing of all applications by no later than May 1, 2024.
No requests for expedited processing will be accepted.聽
What happens when the visa is issued?
Issued visas, passports, and documents submitted will be returned to the applicant via USPS or a courier service.聽
What happens if the application is returned or the visa refused?
DOS will return without adjudication any application that is not within the scope of the pilot program.聽DOS will not refund the MRV fee in these situations.聽
If an application is accepted for adjudication but subsequently found to be ineligible, the applicant will have to apply for the visa stamp at a US embassy or consulate outside of the US.