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The U.S. Department of State is planning to launch a pilot program before the end of 2023 to allow certain H visa holders to revalidate their visas from within the U.S., rather than travel abroad to renew their visas at consulates. The program, as outlined by Fragomen earlier this year, is aimed at reducing visa application backlogs at U.S. consulates as well as modernizing U.S. visa processing.
Stateside visa reissuance isn’t new. For many years, it was available to nonimmigrants in several employment-based categories but was discontinued in 2004 as part of post-9/11 immigration changes. (It remains available for diplomatic visas). This new pilot program would restore domestic visa revalidation for certain H visas and is expected to be expanded to other employment-based visa categories in the future.
When will it be announced?
A definite date has not yet been announced, but the State Department has indicated it will issue a formal notice in the Federal Register in the coming weeks.
Who does this benefit?
The pilot program will apply to certain individuals who currently hold an H visa in need of renewal. The program is expected to greatly reduce some of the pain points around obtaining a visa abroad and help minimize employees’ anxiety about procuring a U.S. visa appointment.
It is not yet confirmed whether this program will help those visa applicants previously “stuck” abroad while awaiting a security clearance, but if so, it will be another welcome provision of the program. Certainly, those nationals of countries with short visa validity dates due to reciprocal reciprocity agreements will benefit from the program.
Further, the program will reduce travel costs for employers, employees and their families, and is expected to reduce burdens on consular posts, allowing posts to open up more business visitor visa appointments. However, the program may not be suitable for those in need of urgent travel, as processing times are likely to exceed those at embassies and consulates.
What can organizations do now to plan for domestic revalidation?
Though details about the upcoming pilot have not yet been issued, organizations can begin to work with their immigration counsel to explore how to integrate domestic revalidation into its existing U.S. immigration program and devise a plan to communicate with sponsored employees when the pilot begins.
Planning early can help your organization hit the ground running when this highly anticipated program becomes available.
To receive updates on this topic, including notification of the specific eligibility criteria once released, please complete this form.
Need to know more?
For further information or to seek guidance, please contact Partners Nancy Morowitz at [email protected], Julie Muniz at [email protected], Sandra Sheridan Reguerin at [email protected] or Charlotte Slocombe at [email protected].
This blog was published on October 5, 2023, and due to the circumstances, there are frequent changes. To keep up to date with all the latest updates on global immigration, please subscribe to our alerts and follow us on LinkedIn, X, Facebook and Instagram.
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