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Details of the much awaited H-1B pilot program set to launch on January 29, 2024, which will enable visas to be renewed domestically (ie: within the US) have finally been issued by the Department of State (DOS). Even as it is a pilot program, which will initially cover just 20,000 participants – half of which will be from India, the Indian diaspora is hopeful that the pilot will in the months to come be a full-fledged program, which will also cover the spouse and children of the H-1B visa holder.
In June, during his visit to the US, Prime Minister Modi had announced this initiative while addressing the Indian diaspora. “Together we are not just forming policies and agreements, we are shaping lives, dreams and destinies,” PM Modi had said.
H-1B visa holders from Canada and India are eligible under the pilot project. These two countries have been chosen as the population of visa applicants in India and Canada is sufficiently representative of the global population. F
According to a report released earlier by the US Immigration and Citizenship Services (USCIS), of the 4.41 lakh H-1B applications (new visas and renewals) approved during fiscal 2022, nearly 72.6 per cent (ie: 3.2 lakh) were bagged by Indians. This was followed by China with 55,038 approvals (12.5 per cent of total approvals), Canada with 4,235 approvals (1 per cent of the aggregated approved applications) came third.
An exhaustive notification published in the Federal Register explains the nitty gritty regarding the eligibility criteria for the pilot program. Applicants whose prior H-1B visa, which is being renewed and was issued by Mission India, with an issuance date of February 1, 2021 through September 30, 2021 will be eligible to participate in the pilot.
The notification states that dependent H-4 visa holders (eg: spouse and children of the H-1B visa holder) will not qualify for domestic visa renewals for now, as it creates additional technical and operational challenges that cannot be resolved before the pilot launch date. “Limiting the pilot to only H-1B principal applicants will also maximize the department’s direct impact on US industry partners, whose H-1B employees may need to travel abroad for work purposes and risk being unable to immediately return if their visa has expired,” states the notification.
The DOS will begin accepting online applications from January 29, 2024, against a non-refundable fee of $ 205 in a staggered manner. 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: January 29; February 5; February 12; February 19 and February 26.
While US visa holders, who renew or change their immigration status from within the US can remain in the country for the duration of their valid visa status, the problem arises when they wish to travel out of the country. For instance, an H-1B visa holder, who has rushed to deal with an emergency in India, needs to get a visa stamp at the US Embassy and the wait time can run into several weeks or months. The problem had exacerbated during the pandemic. Several individuals found themselves stranded in India for many months – unable to resume work in the US or join those family members who had stayed behind in the US.
A few days ago, Julie Stufft, Deputy Assistant Secretary of State posted on LinkedIn, “When we consider our efforts to modernize the visa process, this may ultimately have the most far-reaching impact. Exciting to see domestic visa renewal on the horizon, after much preparation.”
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