June 16, 2004 - Representatives from the U. S. Department of State have confirmed that the Visa Revalidation Program will be eliminated this year, and that revalidation applications will cease being accepted as early as this July. A State Department representative speaking at the annual American Immigration Lawyers Association Conference in Philadelphia last week advised that the cut off for submitting revalidation applications could be as early as July 6, 2004, although rumor has it that the deadline will be extended until July 16.

The visa revalidation program allows visa holders with approved petitions for extension of employment authorization to update their visa stamps by mail, without having to apply in person at a U.S. consulate abroad. However, new biometric visa identification requirements going into effect October 2004 require that all visa applicants be fingerprinted. The Department of State position is that the revalidation unit will be unable to comply with the new biometric identifier requirements, as it is not equipped to fingerprint visa applicants. The July 2004 deadline reflects current 12-14 week backlogs in visa revalidation processing.

BAL Comment: Individuals intending to file a visa revalidation application should do so as soon as possible to beat the July deadline. Please note that while the Visa Revalidation program has reduced some of the inherent risks of applying for a visa at a U.S. consulate abroad, it has also been subject to lengthy processing times of 3-4 months and random rejections. The cessation of the visa revalidation program DOES NOT impact one's ability to apply for an H-1B visa outside the United States, extend H-1B status or change H-1B employers. For more information on the revalidation process, please review the information posted on our website usabal.com, or contact your attorney at Berry, Appleman & Leiden.