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Pilot program offers improvement in employment-based visa renewal process

March 2023 employment law letter
Authors: 
Leigh Cole, Dinse PC

A major improvement in U.S. immigration processing is on the horizon for employers. The U.S. State Department just announced a pilot program to once again offer visa renewals by mail without traveling to a U.S. consular post. This will be a major relief to U.S. employers.

Visa stamps = travel documents

There are multiple government agencies involved in U.S. immigration processing. In addition to units of the U.S. Department of Homeland Security—the U.S. Citizenship and Immigration Services (USCIS) and Customs and Border Protection (CBP)—the U.S. Department of State has an important role in employment-based visa approvals.

The State Department operates U.S. embassies and consulates around the world, where visa stamps are issued. Visa stamps are travel documents. In some cases, the immigration benefit was approved already by USCIS, and other times the State Department adjudicates the initial application. For example, H-1B petition are approved by USCIS first, and then the State Department issues an H-1B visa stamp based on the USCIS approval. In most cases E-2 treaty investor visas and B-1/B-2 visitor visas are approved by the State Department first. While USCIS approves immigration benefits such as H-1B petitions, only the State Department issues visa stamps.

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