Visa revalidation is a convenient procedure which allows aliens of E, H, L, O or P status to revalidate their visas through a convenient procedure within the U.S., without having to travel to foreign countries for visa renewal.

If an alien obtains a non-immigrant visa from a U.S. consulate in foreign country, he may use the nonimmigrant visa to travel until it expires or the limit on the number of entries has been reached. The alien then must obtain a new nonimmigrant visa outside the U.S. Without the new visa the alien cannot reenter the U.S.

On the other hand, if the alien extend his permitted period of stay or changes his status in the U.S. through an application to the INS, the alien will have a “legal status” in the U.S. However, legal status only gives the alien the right to stay legally in the U.S. It is not an internationally recognized travel document and is not equivalent to visa.

Generally, the procedure for obtaining and renewing visas through consulate processing are the same. The alien must prepare document to prove his purpose of coming to the U.S., and depending on the visa type applied, prepare different supplemental evidence. If the alien is applying for renewal of visa, he may have to provide an approval from INS for extension of status.

Aliens who maintain a current valid nonimmigrant status in one of E, H, L, O or P categories may apply for visa reissuance through the National Visa Office in the U.S., instead of going to a U.S. Consulate. However, the alien must was previously issued a visa in the same category prior to the admission to the U.S. As such, aliens whose status have been changed to the E, H, L, O or P are not eligible for visa revalidation through Visa Office. In addition, if an alien has filed a labor certification application or preference petition, and if the priority date is within six months of being current, the alien is not eligible for visa revalidation. The reason is that under such circumstances, an immigrant visa will be available to the alien within six months.

Other requirement for visa revalidation includes:

1)the alien applicant must hold a passport valid for at least six months;

2)the E, H, L, O or P visa the alien held must have no more than 60 days of remaining validity, nor have expired more than one year ago;

3)in addition, If an alien ever remained in the U.S. beyond the period of authorized stay, such alien will not be eligible for visa revalidation through the Visa Office.

To revalidate the visa in the U.S., a package with the required document must be mailed to the Visa Office. Certainly, the passport of the applicant has to be mailed to the Office too. The time required for the revalidation ranges between one month to two months. If the alien has to travel soon and need a new visa, he has to take this processing time into consideration.