An official of the U.S. State Department official said in an interview that the agency is creating a pilot program to allow certain foreign nationals to revalidate their visa stamps within the United States, without having to travel abroad and apply at a U.S. embassy or consulate abroad.

This pilot program is scheduled to be operational later in 2023. Initially, the visa revalidation program will likely be limited to certain H1B and L1 visa holders. The State Department may impose other limits on eligibility. This stateside revalidation program could take some time before it is fully available.

Backlog of Visa Stamping Appointments Cause Problems with Travel
The COVID-19 pandemic and travel restrictions have caused major visa application backlogs at U.S. embassies and consulates. The U.S. embassies in India and China, for example, were scheduling appointments months and even years in advance, causing problems for people with more immediate needs to travel. U.S. immigration policy requires most foreign nationals to have a valid visa stamp in their passport to return to the United States. The only way to renew those visa stamps were at a U.S. embassy or consulate abroad. The lack of visa appointments cause serious constraints on foreign nationals who needed to travel internationally.

Previous Visa Revalidation Program
The State Department used to allow foreign nationals to do "visa revalidation" while in the United States. Foreign workers would send their passports to the U.S. State Department, with evidence of their valid nonimmigrant status in the United States. The government would review the documents, process those visa stamps, and return the passports to the foreign national with a new visa stamp that allowed foreign travel.

In this previous version of visa revalidation in the United States, applicants had to hold valid E, H, L, O, P, or certain other nonimmigrant statuses. The individual had to have a visa previously issued at a U.S. consulate and been admitted to the United States in the same status. Visas could be revalidated in the United States in the period beginning 60 days before and up to one year after expiration. 

This program was cancelled in the summer of 2004. The program was terminated because the State Department did not have a process for collecting applicant biometrics such as fingerprints and photographs. Congress had required biometrics in laws passed after the September 11, 2001 terror attacks.

What Visa Revalidation Means for Foreign Workers  in the United States
Immigration advocates have been urging the State Department to once again allow stateside visa revalidation. Allowing stateside visa revalidation could reduce the exceptionally long visa application backlogs caused by the COVID-19 pandemic. This visa revalidation program is designed to reduce the impact of these embassy backlogs on foreign nationals needing to travel abroad for work, family, and vacation. 

We don't know many details about the State Department's pilot program for stateside visa revalidation.  But this announcement is good news for foreign nationals who are frustrated by long waits to renew their nonimmigrant visa stamps at U.S. embassies and consulates. Visa revalidation could allow people to travel internationally without the frustration and anxiety caused by a lack of visa appointments abroad. Instead of traveling abroad and hoping that the embassy issues a visa stamp, a foreign worker can get their visa stamp issued while in the United States. This will allow for international travel without worrying about the lack of visa appointments or delays caused by administrative processing.


Next Steps for Visa Revalidation Pilot Program
It may take some time for the State Department to fully implement this policy. The pilot program will likely have limitations on who can participate. It will likely take months or even years for a stateside revalidation program to be operational. 

World One Law Group will be watching for more news on the visa revalidation program. We will provide updates as we get more news!

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President Donald Trump issued a proclamation on June 22, 2020 that furthered the Administration’s ongoing efforts to prevent the entry to the United States of foreign workers and their families. Proclamation 10052 prohibits admission by foreign workers abroad who have H1B, H2B, L1, or some J1 visas and their dependents. This proclamation also extends previously imposed limitations (in Proclamation 10014) on issuing visas for permanent residency applicants through their American employers or family members. 
 
Who Is Affected by this Proclamation?
This latest Proclamation is titled “Suspension of Entry of Immigrants Who Present a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak.” The first provision extends the previously announced “suspension” of permanent residency visas for foreign nationals outside the US on April 22 and who did not already have a valid travel document. This proclamation exempted lawful permanent residents, health care professionals or medical researchers working specifically on COVID19, EB5 investors, as well as spouses and minor children of US citizens.
 
The 60 day “suspension” for immigrant visas was extended at least through the end of 2020.

The June Presidential Proclamation also expanded the visa ban to prevent entry to the United States for certain temporary workers and their families. It specifically affects only those who were outside the United States on midnight on June 24, 2020. It also targets those individuals seeking entry on visas including H1B (high skilled workers), H2B (seasonal workers), H4 (dependents of H workers), L1 (multinational managers or specialized knowledge workers), as well as some J1 visa categories (interns, trainees, teachers, camp counselors, au pairs, or summer work travel).
 
This proclamation does not directly impact the work authorization of individuals in those work visas categories who are currently in the United States. People with H, L, or J status who were in the United States can continue to live and work in the United States. However, these individuals may now be unable to travel internationally without jeopardizing their employment or being separated from their families.
This ban on travel would prevent entry to the United States at least through December 31, 2020.
 
Who Is Specifically Exempted from the Travel Ban
Several key groups were exempted from this most recent restriction on entry. Spouses and minor children of US citizens and permanent resident “green card” holders can return to the United States after temporary travel abroad. President Trump also explicitly exempted temporary workers who are “essential to the United States food supply chain” or whose entry would be in the “national interest” as determined the Secretaries of State or Homeland Security. But these policies still put unnecessary obstacles in the way of these critical workers.
 
The policy announcement details some examples of people who may be considered to be in the “national interest.” Some of these exemptions are quite narrow. For example, the policy excluded certain medical workers but only health care professionals caring for a COVID-19 patient, and only if that patient is currently hospitalized. Medical researchers are able to enter the United States, but only if they are directly helping combat COVID-19. If a foreign-born doctor or medical researcher is fighting cancer, diabetes, heart disease, or any number of ailments, that individual is not able to return to their home in America.

Other exemptions are much more vague. The proclamation allows entry of individuals who are “critical to the defense, law enforcement, diplomacy, or national security of the United States.” But only the Secretary of State or Secretary of Homeland Security can determine who meets that standard. Foreign nationals who are “necessary to facilitate the immediate and continued economic recovery of the United States” are also able to get a visa. The proclamation fails to mention whether these critical workers would be able to bring their families to the United States.
 
The Proclamation provides no clear information about how to apply for these exceptions. There is no form to complete and US embassies are closed. This latest policy decision will only add to the existing confusion and delays. 
 
Individuals with Valid Travel Documents May Return; Others Are Stuck
The proclamation allows entry for anyone who had a valid nonimmigrant visa stamp or travel document. If a foreign worker, or their spouse or child, is abroad on the date of the proclamation, they are able to return to the United States only if they already have an unexpired visa stamp in their passports. An amendment to this provision was issued on June 30th to correct an error that would have allowed people to travel on visitor visas. Foreign nationals who have applied for permanent residency and who have current travel authorization (called advance parole) can also return to the United States.
 
The burden of this proclamation will fall primarily on people who live and work in the United States but who were abroad when the announcement was made. Many have been stuck abroad for months because of the abrupt closure of US embassies and consulates. If their H, L, or J visa stamp are now expired, they are unable to return to their home in America at least through December of 2020. 
 
The State Department has also published its “interpretation” that any person who travels overseas and needs a new H1B, H2B, L1, or J1 visa will not be issued one, even if that individual was in the United States on the date of the proclamation. This violates the plain language of the proclamation. This means that tens of thousands of workers in H, L, or J status will not be able to visit sick parents, go to family celebrations, or travel internationally for work without the possibility of being unable to return home.

Economic Impact of this Travel Ban
The unemployment rate in the United States has nearly quadrupled between February and May of 2020, mostly due to the public health crisis. However, this harsh new immigration policy will do little to improve the job prospects of American workers. In fact, this policy is likely to hurt our country’s short- and long-term economic prospects. 
 
Immigrants contribute far more in taxes than they take in public benefits. Foreign workers contribute to American economic activity by paying rent, buying groceries, and purchasing supplies. Almost half of the Fortune 500 companies in the United States have one or more immigrant founders. Preventing needed workers from entering the United States only encourages international companies to outsource their work to other countries.
 
 
Anti-Immigrant Policies Designed to Frustrate Foreign Workers
As many courts have ruled in the last several years, President Trump does not have the power to impose his anti-immigrant policies unilaterally that violates existing US immigration laws. He must follow the strict dictates of the Administrative Procedures Act to change most regulations or force Congress to pass new immigration legislation.
 
No one should have to make the choice between their jobs and their families during these difficult times. This policy does not create jobs for Americans, it only generates more disruption and dislocation during a global pandemic and economic depression.