The move could benefit tens of thousands of foreign tech workers on H-1B and L1 visas. The pilot project will be launched later this year
Roma
The US is planning to resume “domestic visa revalidation” in certain categories on a pilot basis with the goal of scaling it up in the next few years. This move could benefit tens of thousands of foreign tech workers on H-1B and L1 visas. The pilot project will be launched later this year.
Until 2004, certain categories of non-immigrant visas, particularly the H-1B, could be renewed or stamped inside the US. However, after that for renewal of these visas, in particular the H-1B, the visa holders would have to leave the US and go to their own country to get the H-1B extension stamped on their passport. This was required if they wished to travel outside of the US and re-enter the US.
As of now, H-1B visa restamping is not allowed within the US, it can be done only at any US consulate. This was a great inconvenience for foreign guest workers and employees especially since the visa wait time is more than 800 days or more than two years.
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As per the existing rule that came into force in 2004, the procedure for restamping H1-B and L visas is to visit the home country and submit their visas, passports, and documents either via dropbox or interview.
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People have to wait months or years for H1-B visa stamping or sometimes get no response despite submitting all documents. As a result of this they get stuck for over 2 years in their home country, while their families are waiting in the US
H-1B visas are issued for three years at a time. It is a non-immigrant visa that allows US companies to employ foreign workers in speciality occupations that require theoretical or technical expertise. Tech companies depend on it to hire tens of thousands of employees each year from countries like India and China.
A State Department spokesperson said, “We are working in earnest on plans to restart this service for certain petition-based NIV categories, and we hope to have a pilot up and running later this year. This would eliminate the need for these applicants to travel abroad to renew visas.”
“We cannot comment on how many visa holders would be initially eligible, but the pilot would begin with a small number of cases before scaling over the following 1-2 years,” said the State Department spokesperson in response to a question.
Over the past few months, the Biden Administration has taken several steps to streamline the visa processing system and reduce inconveniences. This was one of the recommendations of the President’s Advisory Commission on Asian Americans, Native Hawaiians, and Pacific Islanders, which is now implemented by the State Department.
As per the existing rule that came into force in 2004, the procedure for restamping H1-B and L visas is to visit the home country and submit their visas, passports, and documents either via dropbox or interview.
People have to wait months or years for H1-B visa stamping or sometimes get no response despite submitting all documents. As a result of this they get stuck for over 2 years in their home country, while their families are waiting in the US.
The presidential commission had argued on behalf of these families, in particular commission member Ajay Jain Bhutoria from Silicon Valley who recommended that H1-B and L visas be allowed for restamping in the US by US Citizenship and Immigration Services (USCIS). It urged the USCIS to establish a separate department or unit to handle restamping of renewed H1-B and L visas within the US. The commission felt that the whole process has proven to be very painful for legal immigrants who are invited to work in the US to support the country’s companies and the economy.
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