Notice2023-28160
Pilot Program To Resume Renewal of H-1B Nonimmigrant Visas in the United States for Certain Qualified Noncitizens
Primary source
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Published
December 21, 2023
Issuing agencies
State Department
Abstract
The Department of State (the "Department") is announcing a pilot program to resume domestic visa renewal for qualified H-1B nonimmigrant visa applicants who meet certain requirements. This notice describes the requirements for participation in the pilot and provides information on how those falling within the bounds of the pilot program may apply for domestic visa renewal.
Full Text
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<title>Federal Register, Volume 88 Issue 244 (Thursday, December 21, 2023)</title>
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[Federal Register Volume 88, Number 244 (Thursday, December 21, 2023)]
[Notices]
[Pages 88467-88470]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-28160]
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DEPARTMENT OF STATE
[Public Notice: 12235]
RIN 1400-AF79
Pilot Program To Resume Renewal of H-1B Nonimmigrant Visas in the
United States for Certain Qualified Noncitizens
AGENCY: Department of State.
ACTION: Notice of pilot program.
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SUMMARY: The Department of State (the ``Department'') is announcing a
pilot program to resume domestic visa renewal for qualified H-1B
nonimmigrant visa applicants who meet certain requirements. This notice
describes the requirements for participation in the pilot and provides
information on how those falling within the bounds of the pilot program
may apply for domestic visa renewal.
DATES: The pilot program will accept applications from January 29 to
April 1, 2024. Applicants who meet the requirements may choose to
participate during the application window by applying online at <a href="https://travel.state.gov/content/travel/en/us-visas/employment/domestic-renewal.html">https://travel.state.gov/content/travel/en/us-visas/employment/domestic-renewal.html</a>. Written comments and related materials must be received
on or before midnight April 15, 2024.
ADDRESSES: Interested parties may submit comments, identified by
Department docket number DOS-2023-0042 or RIN 1400-AF79, through the
Federal eRulemaking Portal at <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the
website instructions for submitting comments. A summary of this rule is
also available at <a href="http://www.regulations.gov">www.regulations.gov</a> by searching for ``1400-AF79''
from the home page.
Comments submitted in a manner other than the one listed above,
including emails or letters sent to Department officials, will not be
considered comments on the Notice, and may not be considered by the
Department.
FOR FURTHER INFORMATION CONTACT: Jami Thompson, Senior Regulatory
Coordinator, Visa Services, Bureau of Consular Affairs, Department of
State; email: <a href="/cdn-cgi/l/email-protection#a6f0cfd5c7f4c3c1d5e69ac786ced4c3c09b" http: state.gov">state.gov</a>">VisaRegs@<a href="http://state.gov">state.gov</a></a>.
SUPPLEMENTARY INFORMATION: Public Participation: The Department invites
all interested parties to submit written data, views, comments, and
arguments on all aspects of this Notice. Comments must be submitted in
English, or an English translation must be provided. Comments that will
provide the most assistance to the Department should comment on the
proposal to provide for renewal of visas within the United States. Do
not submit case inquiries, case numbers, bar code numbers, or
photographs from any vias application. The Department does not intend
to address comments as part of this pilot, but will consider relevant
comments in deciding on any future rulemaking.
Instructions: If you submit a comment, you must include the agency
name and the RIN 1400-AF79 for this Notice in the title or body of the
comment. Submitted comments will be publicly posted to the Federal
eRulemaking Portal at <a href="http://www.regualtions.gov">www.regualtions.gov</a>. Therefore, you may wish to
consider limiting the amount of personal information that you provide.
The Department may withhold from public viewing information provided in
comments that it determines offensive. For additional information,
please read the Privacy Act notice available in the footer at
<a href="http://www.regulations.gov">www.regulations.gov</a>.
Docket: For access to the docket and to read background documents
or comments received, go to <a href="http://www.regulations.gov">www.regulations.gov</a>, referencing RIN 1400-
AF79. You may also sign up for email alerts on the online docket to be
notified when comments are posted.
I. Background
In 2004, the Department discontinued the domestic renewal of non-
diplomatic nonimmigrant visas primarily because of the passage of the
Enhanced Border Security and Visa Entry Reform Act of 2002 (Pub. L.
107-173), which required that U.S. visas issued after October 26, 2004,
include biometric identifiers \1\ (69 FR 35121). Then, as now, the
State Department did not possess the capacity to collect fingerprints
in the United States, so all non-diplomatic visa applicants were
required to apply for new visas outside of the United States where
fingerprints can be collected at a U.S. embassy, consulate or, for
certain posts, at an offsite contract facility. For purposes of
implementing this pilot, however, those prior concerns are overcome, as
participation in the pilot is limited to individuals who have
previously submitted fingerprints in connection with the application
for the prior visa, are eligible for a waiver of the in-person
interview requirement and meet other applicable requirements. The
[[Page 88468]]
goal of this pilot is to test the Department's technical and
operational ability to resume domestic visa renewals for specific
nonimmigrant classifications and to assess the efficacy of this program
in reducing worldwide visa wait times by shifting certain workloads
from overseas posts to the United States.
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\1\ In 2004, the Department, in coordination with the Department
of Homeland Security, determined that biometric identifiers should
include two fingerprints and a photograph (69 FR 78515). In 2010,
the standard was changed to ten fingerprints and a photograph (75 FR
39323). Certain individuals under the age of 14 and those age 80 or
over are exempt from the fingerprint requirement.
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II. Pilot Program and Requirements for Participation
Pursuant to 22 CFR 41.111(b)(3), the Deputy Assistant Secretary for
Visa Services (VO DAS) and Department officials designated by them, are
authorized to issue, in their discretion, nonimmigrant visas in the
United States, to qualified applicants who meet specific criteria.
Based on this discretionary authority, the VO DAS sets the limitations
and parameters of the domestic renewal pilot, including establishing
parameters that limit the types of applications that fall within the
pilot's scope. Consequently, applicants that fall outside of this scope
are not eligible to apply for, nor be issued, a visa domestically.
Participation in this pilot will be limited to applicants who(se):
1. Are seeking to renew an H-1B visa; during the pilot phase, the
Department will not process any other visa classifications;
2. Prior H-1B visa that is being renewed was issued by Mission
Canada with an issuance date from January 1, 2020, through April 1,
2023; or by Mission India with an issuance date of February 1, 2021,
through September 30, 2021;
3. Are not subject to a nonimmigrant visa issuance fee (Note: this
is commonly referred to as a ``reciprocity fee'');
4. Are eligible for a waiver of the in-person interview
requirement;
5. Have submitted ten fingerprints to the Department in connection
with a previous visa application;
6. Prior visa does not include a ``clearance received'' annotation;
7. Do not have a visa ineligibility that would require a waiver
prior to visa issuance;
8. Have an approved and unexpired H-1B petition;
9. Were most recently admitted to the United States in H-1B status;
10. Are currently maintaining H-1B status in the United States;
11. Period of authorized admission in H-1B status has not expired;
and
12. Intend to reenter the United States in H-1B status after a
temporary period abroad.
Some of these requirements are mandated by statute or regulation.
Others are discretionary requirements and are designed to limit the
pilot population to a size that is manageable and consistent with
available resources, and control the costs of conducting the pilot,
while still testing the efficacy of a domestic renewals program.
Specifically, the Department is limiting the scope of the pilot to
applicants who were previously issued visas within specified dates by
Missions Canada or India to properly assess the performance and
capabilities of contractors who manage the majority of the Department's
worldwide visa processing. The population of visa applicants in India
and Canada is sufficiently representative of the global population and
visa issuances during the referenced periods provide enough cases to
make the pilot results meaningful, without overwhelming available
resources.
Additionally, the Department is limiting the scope of the pilot to
include only H-1B applicants. After careful consideration, the Visa
Office determined that including other visa categories, including H-4s
(dependents of H-1B principal applicants), created additional technical
and operational challenges that cannot be resolved before the pilot
launch date. For instance, developing standard operating procedures and
training staff to recommence domestic renewals is a time-consuming
process that requires months of practice currently underway for H-1B
adjudications. Developing processes to adjudicate additional visa
categories will continue concurrent with the pilot, leveraging real
time data and feedback to expand the program.
Limiting the pilot to only H-1B principal applicants will also
maximize the Department's direct impact on U.S. industry partners,
whose H-1B employees may need to travel abroad for work purposes and
risk being unable to immediately return if their visa is expired.
As the Department does not conduct in-person nonimmigrant visa
interviews or collect fingerprints domestically, a key requirement for
participation in the pilot is that applicants for domestic visa renewal
must qualify for a waiver of the in-person interview requirement under
section 222(h) of the Immigration and Nationality Act (INA) and have
fingerprints on file with the Department that may be used for biometric
vetting. Just like any individual applying for a nonimmigrant visa
overseas, including those whose in-person interview is waived, all
applicants for domestic visa renewal must undergo screening and
vetting. With certain exceptions set out in the law, most applicants
seeking to renew their H-1B visas, whether overseas or domestically,
within 48 months of the expiration of their prior visa in the same
classification, will be eligible for a waiver of the in-person
interview requirement. Based on statutory requirements for an interview
waiver under INA section 222(h)(2), applicants for domestic visa
renewal must reside in the United States. Applicants are not required
to submit evidence of residence in the United States at the time they
submit their application beyond the information requested in the visa
application; however, additional information may be requested at any
time prior to visa issuance.
Some applicants may not be fully aware of the facts that caused
them to be ineligible for interview waiver, even though the reasons are
tied to a specific statutory ground. For example, applicants requiring
a Department clearance are ineligible for interview waiver, but such
clearance requirements are not public information. Any such requirement
would be based on the applicant's individual circumstances. Applicants
who do not meet the requirements for domestic adjudication as published
in this notice, including eligibility for a waiver of the in-person
interview requirement, are not eligible to apply for, nor be issued a
visa domestically. Fees will not be refunded and these applicants must
submit a new application, pay the associated fee, and apply overseas
where they have a residence or are physically present if they wish to
pursue a new visa. Participation in the pilot is voluntary. Individuals
who do not wish to participate in this pilot may continue to apply
overseas at a U.S. embassy or consulate where they have a residence or
are physically present.
The pilot aligns with the Administration's commitment to transform
federal customer experience and service delivery to rebuild trust in
government, as outlined in Executive Order 14058, signed on December
13, 2021 (<a href="https://www.whitehouse.gov/briefing-room/presidential-actions/2021/12/13/executive-order-on-transforming-federal-customer-experience-and-service-delivery-to-rebuild-trust-in-government/">https://www.whitehouse.gov/briefing-room/presidential-actions/2021/12/13/executive-order-on-transforming-federal-customer-experience-and-service-delivery-to-rebuild-trust-in-government/</a>). By
designing and delivering services with a focus on innovative solutions
and the user experience of American industry partners, the Department
is looking to alleviate the uncertainty often experienced by U.S.
companies that employ temporary workers requiring petition-based visas,
as well as the uncertainty experienced by their impacted workers. This
pilot will also
[[Page 88469]]
support implementation of the Chips and Science Act and Executive Order
14110, issued on October 30, 2023, which outlines the administration's
commitment to the safe, secure, and trustworthy development and use of
artificial intelligence (<a href="https://www.federalregister.gov/documents/2023/11/01/2023-24283/safe-secure-and-trustworthy-development-and-use-of-artificial-intelligence">https://www.federalregister.gov/documents/2023/11/01/2023-24283/safe-secure-and-trustworthy-development-and-use-of-artificial-intelligence</a>).
III. Procedures for Participation
a. Application Period
The Department will begin accepting online applications January 29,
2024 via <a href="https://travel.state.gov/content/travel/en/us-visas/employment/domestic-renewal.html">https://travel.state.gov/content/travel/en/us-visas/employment/domestic-renewal.html</a>. In order to control the number of
applications received, the Department will, each week, release
approximately 2,000 application slots for applicants whose most recent
H-1B visas were issued by Mission Canada, and approximately 2,000
application slots for those whose most recent H-1B visas were issued by
Mission India (approximately 4,000 total each week) on the following
dates:
<bullet> January 29
<bullet> February 5
<bullet> February 12
<bullet> February 19
<bullet> February 26
Every application received will be counted against an approximate
2,000 maximum weekly limit for each participating Mission. Once the
limit is reached, the online portal will be locked until the next
tranche of slots are released for each participating Mission group on
the next application date. Applicants who are unable to apply on one
application date may attempt to apply on any of the remaining
application dates during the entry period. The application period for
the pilot will close when all application slots are filled or on April
1, 2024, whichever comes first.
b. Completing the Online Application for the Pilot
To complete an application, applicants must navigate to the
dedicated domestic visa renewal website available at <a href="https://travel.state.gov/content/travel/en/us-visas/employment/domestic-renewal.html">https://travel.state.gov/content/travel/en/us-visas/employment/domestic-renewal.html</a>. On this site, applicants will be directed to select the
host-country post of their most recent H-1B visa issuance (either
Canada or India). From there, applicants will be taken through a
navigator tool, which will assist applicants in assessing their
qualifications for participation in the pilot, as discussed in Section
II, 1-12 above. Applicant responses to questions in the navigator tool
will not be retained by the Department. After completing the self-
assessment, qualified applicants must electronically complete and
submit Form DS-160. Qualified applicants will also receive instructions
through the portal on how to pay the required, non-refundable, non-
transferrable Machine-Readable Visa (MRV) application processing fee
and where to mail their passports and other required documents for
processing. The navigator is not capable of screening out all
unqualified applicants. Consequently, it is possible the application
subsequently will be returned unadjudicated for failure to satisfy the
requirements for pilot participation or adjudicated and refused based
on failure to qualify for an interview waiver. The MRV application
processing fee payment will not be refunded in either case.
c. Application Processing
Applications will be considered in the order received. The
Department will not provide non-automated status reports on individual
applications, other than the return of the application, issuance of the
visa, or refusal, nor will it expedite applications. Applicants may
check the status of their application at: <a href="https://ceac.state.gov/CEACStatTracker/Status.aspx?App=NIV">https://ceac.state.gov/CEACStatTracker/Status.aspx?App=NIV</a>.
The application processing is as follows:
After online submission of the DS-160 and payment of the non-
refundable, non-transferrable MRV fee, applicants will receive
instructions through the portal to send their passports and other
required documents (as specified in section d. Required Documents of
this notice) via the U.S. Postal Service or commercial courier service
to the Department (see section f, below). Applications will then be
sorted to determine whether they fall within the scope of the pilot.
Applications and passports that do not pass this initial sorting
process will be returned to applicants unadjudicated, as described
below, but the fee will be retained to cover processing costs.
Applications that satisfy the initial sorting requirements are
forwarded to a location where authorized Department employees will
adjudicate those applications.
The average processing time for a domestic visa renewal application
is expected to be six to eight weeks from the time that the passport
and other required documents are received by the Department. The
Department aims to complete processing of all applications no later
than May 1, 2024. The Department will not consider requests for
expedited processing. If an applicant anticipates urgent travel, the
applicant may wish to apply for visa renewal overseas where they have a
residence or are physically present. If an applicant applies for
domestic visa renewal and learns that they must travel urgently, the
applicant may withdraw their application and request through the online
portal that their passport be returned to them. If the applicant
withdraws their application during the adjudication process, it will be
refused under INA 221(g) and the MRV fee will not be refunded. The INA
221(g) refusal will not prejudice any future application. With this
notice and other Department publications, visa applicants are made
aware of the limited scope of this pilot program and the requirements
for participation, as detailed in Section II, 1-12 above.
Domestic issuance of a visa through the pilot program is not
guaranteed. If the application is adjudicated but does not satisfy the
requirements for domestic visa renewal under this pilot program for any
reason, including a determination that the applicant requires an
interview, resulting in a refusal under INA 221(g), the applicant may
reapply by filing a new visa application at a U.S. consulate or embassy
abroad where they have a residence or are physically present, and pay a
new MRV fee.
d. Required Documents
Each applicant for a domestic H-1B visa renewal must submit the
following documentation:
<bullet> A properly completed \2\ and electronically filed DS-160,
Online Nonimmigrant Visa Application.
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\2\ A properly completed application is one that is completed in
accordance with the instructions provided on the DS-160.
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<bullet> One photograph (taken within the last six months), which
meets the specifications at: <a href="https://travel.state.gov/content/travel/en/passports/how-apply/photos.html">https://travel.state.gov/content/travel/en/passports/how-apply/photos.html</a>.
<bullet> 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 a visa foil.
<bullet> The original or a copy of the applicant's current Form I-
797, Notice of Action.
<bullet> The original or a copy of the applicant's Form I-94,
Arrival-Departure Record (available at <a href="https://i94.cbp.dhs.gov/I94/#/home">https://i94.cbp.dhs.gov/I94/#/home</a> or on the Form I-797).
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e. Fee Payment
After completing their DS-160, applicants must pay the required
$205.00 non-refundable and non-transferable MRV fee via the online
portal. Fee payment may only be made using a major debit or credit
card. Payment confirmation will be provided at that time.
f. Where To Send Passport and Other Required Documents
After completing the DS-160 and paying the MRV fee, applicants will
be provided information via the portal on where and how to send their
passports and required documentation.
g. Visa and Documentation Return
Issued visas, passports, and other documents submitted by the
applicant will be returned via U.S. Postal Service or a commercial
courier. It is important to note that issuance of a visa in the United
States is NOT a grant of nonimmigrant status, does not constitute an
extension of current nonimmigrant status, and does not constitute an
admission to the United States. The visa only permits the applicant to
seek entry at a U.S. port of entry after overseas travel and is not a
guarantee of admission. Any foreign nationals seeking to extend or
maintain their status while in the United States should contact U.S.
Citizenship and Immigration Services (USCIS) per usual practice.
h. Out-of-Scope Case Returns
The Department will return the following out-of-scope cases without
an adjudication and without a refund of the MRV fee:
<bullet> Any application that seeks to renew a visa other than an
H-1B visa.
<bullet> Any application where the prior H-1B visa was not issued
by Mission Canada with an issuance date of January 1, 2020, through
April 1, 2023; or by Mission India with an issuance date of February 1,
2021, through September 30, 2021.
<bullet> Any application which is subject to a nonimmigrant visa
issuance fee (reciprocity fee). An applicant may research reciprocity
fees by country and visa class here: U.S. Visa: Reciprocity and Civil
Documents by Country (<a href="http://state.gov">state.gov</a>).
<bullet> Any application where the prior visa includes a
``clearance received'' annotation.
i. Visa Refusals
Visa applications will be refused under section 221(g) of the INA
if the application is accepted for domestic adjudication, but the
applicant is subsequently found to be ineligible for a waiver of the
in-person interview requirement under section 222(h) of the INA, or
otherwise fails to satisfy the requirements for domestic renewal set
out above in Section II, 9-12. In such cases, any applicant seeking to
pursue a visa application will have to do so by filing a new DS-160
with a new MRV fee payment at an embassy or consulate overseas. The
Department will not transfer applications to an overseas embassy or
consulate or refund the MRV fee for applications returned or refused
under the pilot program.
The Department also will refuse an application under section 221(g)
of the INA if the applicant fails to provide required documentation or
information but is expected to overcome the refusal before the end of
the pilot. In such instances, the Department will provide specific
instructions to the applicant with an opportunity to provide any
outstanding documents or information, or correct any minor errors in
the application, by April 15, 2024, before completing adjudication.
Applicants who are instructed to provide such documentation or
information, or those who are instructed to correct minor errors in
their application, will not be required to pay an additional MRV fee.
If the applicant provides the requested information by April 15, 2024,
and the Department can issue the visa through the pilot program, the
Department will overcome the 221(g) refusal and issue the visa. As the
pilot concludes on May 1, 2024, any refusal due to missing documents or
information will not be able to be overcome after that time. Some
examples of additional information or documents that may be required
include:
<bullet> Properly completed Form DS-160,
<bullet> Photograph meeting Department standards, and
<bullet> Evidence the applicant is resident in the United States.
Julie M. Stufft,
Deputy Assistant Secretary for Visa Services, Bureau of Consular
Affairs, Department of State.
[FR Doc. 2023-28160 Filed 12-20-23; 8:45 am]
BILLING CODE 4710-06-P
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