June 23, 2004 - The State Department today announced that it is discontinuing its domestic visa reissuance (also known as visa revalidation) service for E, H, I, L, O, and P visas, announcing that it "will stop accepting applications for these visa classifications on July 16, 2004."

According to the announcement, "This action is being taken because Section 303 of the Enhanced BorderSecurity and Visa Entry Reform Act requires the State Department to incorporate a biometric in every U.S. visa issued after October 26, 2004. All visa-adjudicating posts abroad will have fingerprint-scanning equipment installed before the October deadline. Persons residing in the United States in one of the affected visa classes may continue to reside in the country for the period granted by Department of Homeland Security officers at ports of entry. If these persons depart the United States and require new visas to reenter, after July 16 they must seek adjudication of a new visa application at a U.S. Embassy or Consulate abroad.

BAL Comment: Individuals intending to file a visa revalidation application should do so as soon as possible to beat the July 16 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.

FEDERAL REGISTER NOTICE