US agency takes a step forward towards ushering pilot program of stamping H-1B visas domestically

MUMBAI: The US Department of State (DOS), which is the executive branch of the federal government responsible for foreign policy and relations, has sent a draft notice of the domestic visa renewal pilot program to the ‘Office of Management and Budget’ (OMB) for review. This is the first step in the regulatory process. Finalization and roll-out of the program could take a few months.
Those on H-1B visas, a significant number of whom are Indians, are expected to benefit once visa stamping is permitted in the US. 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 rushed to deal with an emergency in India, needed to get a visa stamp at the US Embassy. The pandemic had brought to the forefront, the difficulties that such individuals had to face, as visa appointments were not timely available. 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.

On June 22, this year, the news of such a pilot program which would enable US visa stamping within the country, was shared in the ‘Joint statement from US and India’, released by the White House. As per this statement, DOS was to launch a pilot later in the year, with an intent to implement it for an expanded pool of H-1B and L-visa holders in 2024 and eventually broadening it to include other categories of visa holders.
According to Mitch Wexler, partner at Fragomen, a global immigration law firm, “The details of the pilot will remain confidential until released by the DOS, the initial phase is expected to allow ‘eligible’ H-1B visa holders to renew their expired or expiring visa without the need to travel to a US consulate abroad. The DOS is expected to expand the program to other nonimmigrant visa categories in subsequent phases. The opening date of the pilot is not yet known but is expected to occur later this year, after OMB clears the program.”
Once OMB clearance is received, the DOS will publish a notice in the Federal Register that explains who is eligible for the pilot program, how to apply, and when the agency will begin to accept applications.
While stamping within the US was permitted earlier, it was discontinued from July 16, 2004, owing to various security related requirements, such as collection of biometrics. DOS had said that it was not feasible for them to collect biometrics for applicants from within the US.