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Sophie Alcorn , attorney , author and founding father ofAlcorn Immigration Lawin Silicon Valley , California , is an accolade - win demonstrate Specialist Attorney in Immigration and Nationality Law by the State Bar Board of Legal Specialization . Sophie is passionate about transcending borders , expanding opportunity , and connect the reality by do compassionate , seer , and expert in-migration police force . Connect with SophieonLinkedInandTwitter .
TechCrunch+ members get access to weekly “ Ask Sophie ” columns;use promo code ALCORN to purchase a one- or two - year subscription for 50 % off .
Dear Sophie ,
I ’m working in the U.S. on an H-1B visa , which I receive in 2022 . However , I do n’t have an H-1B visa stamp in my recommendation because I deepen my condition from an F-1 student to H-1B professional while in the U.S. Although I think I qualify for an interview discharge at the U.S. Embassy in New Delhi , I have n’t leave the U.S. because of the dubiety of whether I would be granted an interview waiver and the potential hold in returning to my chore in the U.S. I hear a new visa stamping program will start in the U.S. soon . Do I qualify ?
— Seeking seal
Dear Seeking ,
rest in the U.S. after get approval for your H-1B forte occupation visa was the prudent thing to do ! We have many clients who , like you , change their status while in the U.S. and do n’t have a visa foil — often name a visa revenue stamp — in their passport . Since COVID , we have often advised person to quash outside travel unless perfectly necessary . This has been due to a combination of alter factors such as irregular visa appointment time lag time and the discretionary waiver process for in - person interviews , which has been extend at least to the closing of this twelvemonth .
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So , thanks for your question about the domestic visa stamping pilot program that the U.S. Department of State ( DoS ) , which oversees consular processing for visas and greenish cards , announced last calendar month ina noticepublished in the Federal Register .
The buffer program has been substantially scaled back from last year ’s initial reports to throttle the postulate resource . At the time , reports betoken that the pilot computer program would enable bothH-1BandL-1visa holders torenew the visa stampin their passport while remain in the U.S. In other words , they could get a visa stamp without having to journey back to their home country and waitress for an appointee at a U.S. embassy or consulate .
The pilot program’s goal
The State Department previously offered stateside visa stamping for many nonimmigrant visa renewals , includingE , H , L , andOvisas , until October 26 , 2004 , when the Enhanced Border Security and Visa Entry Reform Act of 2002 , which was passed in the wake of the September 11 tone-beginning , demand the collection of biometric datum from visa applicants . Since then , the DoS has necessitate all visa applicant , except for sure diplomatical and other applier , to get a visa seal in their passport at a U.S. embassy or consulate overseas .
“ The end of this pilot , ” according to the DoS observation , “ is to quiz the Department ’s expert and operational ability to restart domesticated visa renewals for specific nonimmigrant classification and to appraise the efficacy of this political program in reduce worldwide visa wait multiplication by agitate certain workloads from abroad post to the United States . ”
Do you qualify?
Only those person who were issue their H-1Bs within specific dates at a U.S. embassy or consulate in either Canada or India are eligible . Individuals like you who went through the variety of condition process while in the U.S. are ineligible to participate in this program .
Eligibility details
The DoS will lead off acceptingonline applicationsfor the domesticated nonimmigrant visa stamping pilot program commence on January 29 , 2024 . On January 29 , February 5 , February 12 , February 19 , and February 26 , the DOS will make 2,000 app slots uncommitted to individuals whose most recent H-1B visa was make out by a U.S. embassy or consulate in Canada and 2,000 slots for individual whose most recent H-1B was issued by a U.S. embassy or consulate in India .
Once all the hebdomadary slots are taken , the on-line portal will close until the following hebdomad ’s program slots are released . The pilot light programme will come together when either all 20,000 diligence slots are filled or on April 1 , 2024 , whichever comes first .
someone are eligible to participate in the pilot burner program if they :
Only principal H-1B visa holders are eligible for the pilot course of study . dependent holding H-4 visas are not .
How to apply
I recommend you work with an immigration attorney who can valuate whether you characterise to enter in the pilot computer programme and help you apply .
On the DoS domesticated reclamation of H-1Bonline portal , applicants must select either Canada or India , where their most late H-1B visa was issue , and answer the ego - judgement head . dependent applicants must submit onlineForm DS-160(Nonimmigrant Visa software ) ; devote the $ 205 nonrefundable , nontransferrable software processing fee ; and mail their passport , pic , and other required documents for processing .
harmonize to the DoS notice , the online portal can not fix whether an individual is eligible to apply for the buffer programme . If the DoS determines an applicant does not condition , the program will be returned or eliminate . The processing clip is expected to be six to eight weeks from the time an individual ’s passport and required documents are get by the DoS. All practical software will be sue no later than May 1 , 2024 .
All my best ,
— Sophie
Have a question for Sophie?Ask it here . We reserve the right to edit your compliance for clarity and/or blank space .
TheSophie Alcorn Podcastfollows origin account of the fondness . If you ’d like to be a invitee , she ’s accepting program !
