Here’s another edition of “Dear Sophie,” the advice column that answers immigration-related questions about working at technology companies.
“Your questions are vital to the spread of knowledge that allows people all over the world to rise above borders and pursue their dreams,” says Sophie Alcorn, a Silicon Valley immigration attorney. “Whether you’re in people ops, a founder or seeking a job in Silicon Valley, I would love to answer your questions in my next column.”
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Dear Sophie,
I’m in the U.S. on an H-1B, which my employer recently extended. However, I don’t have an H-1B visa stamp in my passport because I originally had a change of status from F-1 STEM OPT.
It’s been more than three years since I visited my family in India and I would love to do that now, but I worry about how long it will take to get my H-1B visa to return to the U.S.
How long will it take to get an interview for an H-1B visa stamp? Am I eligible for a visa interview waiver? How do I get one? Can I do it from the U.S. this year?
— Hungry for Home
Dear Hungry,
I’m sorry to hear you’ve been separated from your loved ones for so long. I truly admire your strength and resilience.
We’re excited to share some long-awaited news that may help you and others and provide some context about obtaining a visa stamp or visa stamp renewal.
Many people who have renewed their visa or changed to another visa category have put off traveling abroad for fear of not being able to promptly return to the U.S. We still advise our clients who need visas to avoid international travel if possible because obtaining a visa can be so risky. The situation is slow to change and the current status quo might even remain in effect after this March’s upcoming H-1B visa lottery.
Even though the U.S. Department of State (DoS) has implemented policies to reduce the time it takes to obtain a visa stamp at U.S. embassies and consulates abroad, delays continue.
However, there is a chance we may get a way to obtain a visa without international travel later this year.
Image Credits: Joanna Buniak / Sophie Alcorn (opens in a new window)
Pilot program for visa stamp renewals in the U.S.
The DoS plans to run a pilot program later this year that will allow H and L visa holders to renew the stamps in their passports while they’re in the United States. Currently, visa holders must travel abroad to obtain a visa foil in their passports (often nicknamed a “visa stamp”) from a U.S. embassy or consulate.
The DoS plans to set up a new consular division in Washington, D.C. to begin processing renewals for H and L visas later this year, according to Bloomberg Law. Many people have been advocating for this for years. The DoS used to process renewals for many categories, including E, H, L and O visas, domestically until 2004, when national security laws began requiring biometric data collection from visa applicants.
Since then, the DoS has required all visa applicants who go through the change of status process in the U.S., except for certain diplomatic and other visa applicants, get a visa stamp at a U.S. embassy or consulate abroad.
Now, let me dive into your questions.
Waiting times for H-1B visa interviews
The DoS has a visa appointment wait times page that allows you to check wait times at U.S. embassies and consulates. The wait times can vary depending on where you are in India, but they change all the time.
The DoS instituted a visa interview waiver program for certain visa applicants in 2021 due to the extensive delays in processing visas at U.S. embassies and consulates due to the pandemic and staff shortages. Before that program, individuals who had renewed their visa or changed to another visa while in the U.S. and subsequently traveled abroad were required to schedule an interview at a U.S. embassy or consulate to get a new stamp in their passport.
Nearly half of the almost seven million non-immigrant visas were processed at U.S. embassies and consulates in FY 2022 without an in-person interview, according to the DoS. While the program has helped reduce interview wait times, the DoS recently extended the program to reduce wait times further.
Find out if you’re eligible for a visa interview waiver
Under the visa interview waiver program, which has been extended until the end of 2023, consular officers have the discretion to waive the visa interview requirement for certain non-immigrant (temporary) visa applicants who were previously issued any type of visa and have never been refused a visa (unless it was overturned).
Visas eligible for an interview waiver include new or renewed:
- F-1 student visas.
- J-1 exchange visitor student visas.
- H-1B or H-1B1 visas.
- H-2 visas for temporary workers.
- H-3 trainee visas.
- H-4 dependent visas.
- M-1 student visas.
- O-1 visas.
You are likely eligible for the visa interview waiver program. But remember, consular officers have discretion to waive the interview. Even if you qualify for an interview waiver, there’s no guarantee that you will be granted one. You may still be required to go to an in-person interview.
These in-person interviews can take weeks or months to be scheduled. Sometimes, they get canceled and postponed at the last minute, causing travelers to be delayed for additional weeks or months before returning to the United States.
How to get an interview waiver
I recommend working with an immigration attorney to navigate this process and make sure you have all the documents you will need to submit.
Each consulate has unique procedures for determining whether there can be a visa interview waiver. In many cases, this decision is at the discretion of the consular officer and has no formal application process. If you qualify to have your interview waived, you will be notified.
You must still complete and submit DS-160, the online non-immigrant visa application. Make sure you print the confirmation page after applying and note down your application ID.
Once you have submitted DS-160, you need to contact the embassy or consulate at which you want to apply and find out whether you need to be interviewed by a consular officer.
If you are granted an interview waiver, you may need to submit documents such as:
- Your passport, which must be valid for at least another six months. If your passport is set to expire within six months, you must renew it before submitting it.
- Your H-1B approval notice (form I-797).
- The H-1B petition (form I-129).
- The Labor Condition Application from the U.S. Department of Labor.
- Passport photographs.
How long will it take?
According to the U.S. Embassy & Consulates in India website, individuals applying through the interview waiver process for a visa stamp should allow up to three weeks from the time a passport has been accepted until the passport is delivered, or they are notified that their passport is ready for pickup. The website notes that once submitted, a passport cannot be withdrawn and the process cannot be expedited.
Hoping you’ll be reunited with your loved ones soon!
All my best,
— Sophie
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