On Dec. 20, 2023, the Department of State (DOS) announced that it would utilize a pilot program to allow for renewal of H-1B visas in the United States. Currently, if individuals travel outside of the United States, they must obtain an H-1B visa for their passports at a U.S. Embassy or Consulate abroad. The pilot program will only be for a few months, and the individuals who can participate will be limited (20,000 total). However, there is hope that if the pilot program is successful, the DOS will expand the program to more participants and different visa categories.

The following individuals are allowed to participate in the pilot program:

  • Those seeking to renew an H-1B visa;
  • Their H-1B visa was issued at a U.S. Embassy/Consulate in Canada between 01/01/2020 and 04/01/2023 or a U.S. Embassy/Consulate in India between 02/01/2021 and 09/30/2021;
  • Are not subject to a nonimmigrant visa issuance (reciprocity) fee;
  • Are eligible for an in-person interview waiver;
  • Have submitted 10 fingerprints to the DOS in connection with a prior visa application;
  • Prior visa does not include a "clearance received" annotation;
  • Does not have a visa ineligibility that would require a waiver prior to issuance;
  • 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 U.S.
  • Their period of authorized admission in H-1B status has not expired; and
  • Intend to reenter the U.S. in H-1B status after a temporary period abroad.

The DOS will begin accepting online applications starting Jan. 29, 2024 at a dedicated web address. Each week the DOS will release around 2,000 application slots for those who received a visa in Canada and around 2,000 slots for those who received a visa in India during the required time periods. The dates when the slots will be released are Jan. 29, Feb. 5, Feb. 12, Feb. 19 and Feb. 26. When the slots are filled for one week, the application portal will be locked and won't open again until the following week. The portal will be accessible until all slots are filled, or until April 1, 2024, whichever is sooner. Individuals who apply will have to answer questions to determine eligibility, complete and submit an electronic Form DS-160, pay an online fee, and receive instructions on how to send their passport and other required documents to the DOS. Individuals with questions about the process can go to the DOS website.

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