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Scenario 1: New H-1B from Outside the U.S.
• Example: An Indian software engineer in Hyderabad is selected in the H-1B lottery, and their U.S. employer files the petition.
• ✅ $100,000 fee required (because the worker is outside the U.S. when the petition is filed).
⸻
🔹 Scenario 2: New H-1B from Inside the U.S. (Change of Status)
• Example: An F-1 student already in the U.S. applies for change of status to H-1B.
• ❌ No $100,000 fee (because the worker is already inside the U.S. at filing time).
⸻
🔹 Scenario 3: H-1B Extension / Renewal (same employer, still in U.S.)
• Example: A current H-1B employee in California files for a 3-year extension with the same employer.
• ❌ No $100,000 fee (renewals/extensions from within the U.S. are not covered).
⸻
🔹 Scenario 4: H-1B Transfer to a New Employer (worker still in U.S.)
• Example: A software engineer in Texas on H-1B transfers to another company.
• ❌ No $100,000 fee (still inside the U.S. at the time of filing).
⸻
🔹 Scenario 5: H-1B Worker Travels Abroad During Extension/Transfer
• Example: A worker’s extension is filed while they are inside the U.S., but later they travel to India and need stamping at a U.S. consulate.
• ❌ No $100,000 fee — the proclamation only looks at status at time of petition filing, not later visa stamping.
⸻
🔹 Scenario 6: New Petition After Worker Left U.S.
• Example: Someone previously on H-1B leaves the U.S. for a year, then a company wants to bring them back with a new petition.
• ✅ $100,000 fee required (because they are outside the U.S. at the time of the new petition).
⸻
✅ Key Rule of Thumb
• Inside U.S. at filing time → no $100,000 fee.
• Outside U.S. at filing time → $100,000 fee required.
Pro
To be clear:
1.) This is NOT an annual fee. It’s a one-time fee that applies only to the petition.
2.) Those who already hold H-1B visas and are currently outside of the country right now will NOT be charged $100,000 to re-enter.
H-1B visa holders can leave and re-enter the country to the same extent as they normally would; whatever ability they have to do that is not impacted by yesterday’s proclamation.
3.) This applies only to new visas, not renewals, and not current visa holders.
It will first apply in the next upcoming lottery cycle.
From the press secretary. https://x.com/PressSec/status/1969495900478488745?t=oHY3rhIhwk4it-B7BhjG_w&s=08
Enthusiast
What if I have VISA stamping done couple months back when visited India but with another firm. After returning to US, I moved to a new company and have an approved H1B extension (i797) expiring in 2028. I am currently in the US but traveling outside US in a week
Just wait a few more days. Don’t cancel anything yet but be prepared to
Lol. I don’t think that’s going to happen. Either it’s a minimum $100k salary on H1B rule which still seems realistic but a $100k fee is almost equivalent to ending the program which we all know isn’t possible at all no matter whatever anyone says.
This type of news of ‘this likely will happen’ keeps coming in
What does that mean? After 12 months what will happen?
The Indian CEOs need to have that meeting with Trump again!
It will definitely not take, it will get challenged. And on other note will become another negotiation line item.
That’s exactly what will happen. He wants to show to the public that he’s acting upon on it and soon we’ll hear another announcement
Ouch… if this stands will create ripples in the Indian H1b jobs and communities..
All consulting firms and most tech firms can’t even function if this happens. Everyone knows this
To be clear:
1.) This is NOT an annual fee. It’s a one-time fee that applies only to the petition.
2.) Those who already hold H-1B visas and are currently outside of the country right now will NOT be charged $100,000 to re-enter.
H-1B visa holders can leave and re-enter the country to the same extent as they normally would; whatever ability they have to do that is not impacted by yesterday’s proclamation.
3.) This applies only to new visas, not renewals, and not current visa holders.
It will first apply in the next upcoming lottery cycle.