
Country / Territory
Related content
Related content
At a glance
- A State Department pilot program that will permit certain H-1B nonimmigrants to apply for visa renewal within the United States has cleared the Office of Management and Budget federal review process, putting the pilot closer to implementation.
- The next step for the long-awaited pilot will be publication in the Federal Register of an official notice containing program details and eligibility requirements. Publication is expected in the coming days.
- Implementation of the stateside renewal pilot is expected to begin by February 2024.
The issue
A State Department pilot program that will permit certain H-1B nonimmigrants to renew their H-1B visas within the United States has been cleared by the Office of Management and Budget (OMB), putting the program a step closer to publication and implementation.
Though details of the pilot will remain confidential until released by the State Department, the initial phase is expected to allow eligible H-1B nonimmigrants to renew their expired or expiring visa within the United States, without the need to travel to a U.S. consulate abroad. The initial pilot is expected to be available only to nationals of countries that do not require a reciprocity fee for visa issuance; India has been confirmed by government officials as included in the pilot.
The pilot program is also expected to be initially limited to the issuance of 20,000 H-1B visas, as the State Department tests its ability to adjudicate visa renewals from within the United States. However, the agency has publicly stated that it plans to expand the pilot program, including to the H-4 and other nonimmigrant visa categories, in 2024 and beyond.
The opening date for submitting applications under the pilot is not yet known, but the State Department’s current regulatory agenda lists an implementation start date of February 2024.
What’s next for the forthcoming program
By the end December 2023, the State Department is expected to publish a notice in the Federal Register that explains who is eligible for stateside visa renewal, how to apply, and when the agency will begin to accept applications. Fragomen is closely monitoring announcements related to the pilot program and will issue updates as developments occur.
This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.
Country / Territory
Related content
Related content
Explore more at Fragomen
Blog post
Attorney María José Clarke explores Chile’s intensified immigration enforcement framework under President José Antonio Kast, examining new employer compliance obligations, work authorization rules for foreign nationals and the legal and financial consequences of unauthorized employment.
Media mentions
Senior Manager Jonathan Hill examines how the UK's new RAG rating system and stricter compliance metrics could shape universities' approaches to international student recruitment and sponsorship compliance.
Blog post
Knowledge Management Director Ana Sofia Walsh and Senior Client Engagement Manager Soraya Driessen examine the European Commission’s EU Inc. proposal and its potential to reshape corporate structures across the EU, highlighting the resulting complexities and unresolved questions for immigration, work authorization and cross-border workforce mobility.
Video
With less than two weeks until the first match of the 2026 FIFA World Cup, Senior Associate Jake Paul Minster outlines important visa and entry considerations for travelers planning to visit the US, Canada and Mexico.
Media mentions
Partner Ali Haider discussed how flexible residency pathways, strong infrastructure and access to healthcare are continuing to drive interest among retirees looking to relocate to the UAE.
Blog post
Partner K. Edward Raleigh analyzes how post‑midterm US business immigration will shift toward heightened enforcement, worker‑protection scrutiny and cross‑agency oversight, urging employers to align hiring practices, sponsorship decisions and documentation with consistent, defensible workforce strategies.
Media mentions
Awards
Fragomen is named “Law Firm of the Year” for Immigration Law by Best Law Firms™ - Australia and receives National and Regional Tier 1 rankings in Immigration Law.
Media mentions
Partner Parisa Karaahmet discusses the broad application of a USCIS memo to adjustment of status applicants and notes that H- and L-visa holders may have a somewhat easier burden in demonstrating factors that support favorable discretion.
Blog post
Senior Manager Alice Spaull and Associate Stephanie Fitton examine the evolving UK immigration and Electronic Travel Authorisation (ETA) requirements for athletes, their support teams and associated guests attending the Commonwealth Games 2026, highlighting key compliance risks and the importance of early travel planning.
Media mentions
Media mentions
Partner K. Edward Raleigh discusses a recent USCIS memo that appears to signal greater caution in how adjudicators assess adjustment of status cases rather than establishing a new legal standard.
Blog post
Attorney María José Clarke explores Chile’s intensified immigration enforcement framework under President José Antonio Kast, examining new employer compliance obligations, work authorization rules for foreign nationals and the legal and financial consequences of unauthorized employment.
Media mentions
Senior Manager Jonathan Hill examines how the UK's new RAG rating system and stricter compliance metrics could shape universities' approaches to international student recruitment and sponsorship compliance.
Blog post
Knowledge Management Director Ana Sofia Walsh and Senior Client Engagement Manager Soraya Driessen examine the European Commission’s EU Inc. proposal and its potential to reshape corporate structures across the EU, highlighting the resulting complexities and unresolved questions for immigration, work authorization and cross-border workforce mobility.
Video
With less than two weeks until the first match of the 2026 FIFA World Cup, Senior Associate Jake Paul Minster outlines important visa and entry considerations for travelers planning to visit the US, Canada and Mexico.
Media mentions
Partner Ali Haider discussed how flexible residency pathways, strong infrastructure and access to healthcare are continuing to drive interest among retirees looking to relocate to the UAE.
Blog post
Partner K. Edward Raleigh analyzes how post‑midterm US business immigration will shift toward heightened enforcement, worker‑protection scrutiny and cross‑agency oversight, urging employers to align hiring practices, sponsorship decisions and documentation with consistent, defensible workforce strategies.
Media mentions
Awards
Fragomen is named “Law Firm of the Year” for Immigration Law by Best Law Firms™ - Australia and receives National and Regional Tier 1 rankings in Immigration Law.
Media mentions
Partner Parisa Karaahmet discusses the broad application of a USCIS memo to adjustment of status applicants and notes that H- and L-visa holders may have a somewhat easier burden in demonstrating factors that support favorable discretion.
Blog post
Senior Manager Alice Spaull and Associate Stephanie Fitton examine the evolving UK immigration and Electronic Travel Authorisation (ETA) requirements for athletes, their support teams and associated guests attending the Commonwealth Games 2026, highlighting key compliance risks and the importance of early travel planning.
Media mentions
Media mentions
Partner K. Edward Raleigh discusses a recent USCIS memo that appears to signal greater caution in how adjudicators assess adjustment of status cases rather than establishing a new legal standard.
