Stateside H-1B Visa Renewal Pilot Rule Under White House Review

A State Department rule to establish a domestic visa renewal pilot program is under White House review.

A rule to resume renewal of H-1B nonimmigrant visas in the US for certain noncitizens (RIN: 1400-AF79) went to the Office of Information and Regulatory Affairs Tuesday. Clearing OIRA review is the last step before new regulations are publicly released.

The State Department told Bloomberg Law in February it planned to launch a pilot program offering a domestic visa renewal option to H-1B specialty occupation workers. Those visa holders are currently required to travel abroad to renew those visas. That’s led recently to long delays returning to the US for many who face pandemic-fueled bottlenecks at certain consular offices.

Domestic visa renewals were discontinued nearly 20 years ago because the State Department said it was unable to meet post-9/11 requirements for collecting biometric data like fingerprints for applicants.

Immigration lawyers and employer groups have pushed for restoring the option because of extreme wait times facing visa holders, especially at Indian consular offices. Many workers who left the US to renew their visas found themselves stuck abroad for months as the State Department tried to clear massive appointment backlogs in the wake of the pandemic, creating disruptions for families and employers.