In January 2024, two decades after the 9/11 terrorist attacks led to the discontinuance of domestic nonimmigrant visa renewals, the U.S. Department of State conducted a domestic visa renewal pilot program. The limited-time initiative allowed certain H-1B visas to be renewed in the U.S. instead of in a foreign country. The pilot program was used to assess the viability of a domestic visa renewal program and its efficacy in reducing visa wait times.

From Jan. 24, 2024, until April 1, 2024, certain H-1B visa holders were able to apply to renew their H-1B visa in the U.S. Prior to the pilot, BAL created a pre-assessment questionnaire to help applicants determine whether they might qualify to participate in the pilot. The State Department also released its own pre-assessment questionnaire on travel.state.gov.

Reaction to the program was largely positive, with experiences exceeding expectations related to timing and ease of participation. BAL subsequently provided program feedback, as did the American Immigration Lawyers Association, including recommendations for program improvements, expansion and permanence.

The status and possible future of domestic visa renewals

Although the Visa Office has indicated that it is actively pursuing a broader, long-term program to provide domestic visa renewals, it does not anticipate being able to launch a program until 2025. The result of the 2024 presidential election may change the program’s trajectory entirely.

Under the current Biden administration, the government plans to implement a domestic visa renewal program, with a program launch expected in 2025. The program would include H-1B visa holders who were not originally included in the pilot (e.g., someone whose H-1B visa was issued somewhere other than in Canada or India). Moreover, unlike the pilot, family members on H-4 visas would be eligible to apply for domestic visa renewal. The program is also expected to include other visa categories. (Note: Current regulations already permit the government to issue E, H, I, L, O or P visas in the U.S., so the Visa Office can expand domestic renewal to all of these categories without changing its regulations.)

If Vice President Kamala Harris is elected, the government will likely continue to move forward with its plans to create a domestic visa renewal program, though it is unclear if any particular visa categories or other visa policies may be prioritized over others.

If former President Trump is elected, the future of the domestic visa renewal program may be in jeopardy. During the prior Trump administration, the government limited interview waiver authorities, requiring visa applicants to be interviewed at a U.S. embassy or consulate for visa renewal. As any domestic visa renewal program requires the individual to qualify for interview waiver, should Trump return to office, the program may never get off the ground — at least for another four years.

Whether the Biden administration tries to push domestic visa renewal forward before inauguration is not known. If they do, and if the program is operational before President Biden’s term officially ends, dismantling it might prove difficult for the next administration, as businesses would surely apply a great deal of pressure to keep the program in place. If a domestic visa renewal program isn’t in place prior to the 2025 inauguration, it is unlikely that a second Trump administration would revive it — even if all planning and details were already in place and an announcement were imminent.

Three challenges for the domestic visa renewal program to overcome

BAL sees three challenges that need to be overcome before a new domestic visa renewal program could successfully be implemented:

1. As pointed out in a previous BAL article, a new consular division would have to be established in Washington, D.C. — an undertaking that would not be a small endeavor.
2. Resources are another hurdle. After 20 years of not renewing visas domestically, the Visa Office needs time to build up its capacity to handle a large volume of adjudications.
3. A domestic visa fee payment mechanism would have to be established. For the pilot, the Visa Office tapped into existing fee payment platforms in Canada and India. A single fee payment process is needed for a longer-term domestic visa renewal program.

Timeline and eligibility criteria for domestic visa renewals

Due to the election, any projected timeline in connection with the current administration’s plan for a domestic visa renewal program is up in the air. Should the government move forward with implementing a new domestic visa renewal program in 2025, BAL expects that some of the eligibility criteria for visa renewals would be similar to that of interview waiver applicants applying for visas abroad and the pilot criteria, with some exceptions. For example, during the pilot, applications and materials had to be submitted to the Visa Office within a specific period, whereas in a new program, applicants should be able to apply whenever the need would arise.

Criteria limiting visas issued within a certain time frame and at certain consular posts also is unlikely to apply. The State Department may not immediately open the program to all eligible visa classes but may gradually add applicants over time.

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In this week’s episode, BAL’s Tiffany Derentz provides an update on the U.S. Department of State’s domestic visa renewal pilot program, which ended May 1. Plus, the latest U.S. and global immigration news. 

This podcast has been provided by the BAL U.S. Practice Group.

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