The US Department of State (DOS), the executive branch responsible for foreign policy, has submitted a draft notice of the domestic visa renewal pilot program to the Office of Management and Budget (OMB) for review. This initial step in the regulatory process precedes the finalization and implementation of the program, a process expected to span several months.
The program is anticipated to significantly benefit H-1B visa holders, a substantial portion of whom are Indian nationals. Presently, visa holders in the US can renew or change their immigration status within the country, but challenges arise when they need to travel abroad.
For example, an H-1B visa holder, dealing with an emergency in India, must obtain a visa stamp at the US Embassy. During the pandemic, limited visa appointments caused many individuals to remain stranded in India, unable to return to work or reunite with family members in the US.
The possibility of stamping US visas within the country was first discussed in a joint statement from the US and India, released by the White House on June 22.
According to Mitch Wexler, a partner at the global immigration law firm Fragomen, the pilot program's details will be kept confidential until the DOS releases them. In its initial phase, the program is expected to allow eligible H-1B visa holders to renew their expired or expiring visas without traveling to a US consulate abroad.
The DOS plans to expand the program to include other nonimmigrant visa categories in subsequent phases. The specific launch date for the pilot remains undisclosed but is expected later this year, post OMB clearance.
Upon OMB approval, the DOS will publish a notice in the Federal Register detailing the program's eligibility criteria, application process, and commencement date for accepting applications.
It's important to note that although visa stamping within the US was permitted in the past, it was discontinued on July 16, 2004, due to security-related requirements, including the collection of biometrics. At that time, DOS stated that gathering biometrics from applicants within the US was not feasible.
