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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.
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
Too bad it is not retroactive…
Yup partner speak right here..!
Chief
I mean, universities were the first victim. You really think this administration care about them? They want to police universities.
If the Indians and Chinese stay away from that, that’s exactly what they want.
The tech workers who think that this will bring back the glory days will have a reckoning
Chief
That would be a total UPenn move tbh…
Chief
Bigger issue is will more jobs go overseas. Universities are bloated and probably the only industry in the US who have never had to "rightsize" or become more efficient and effective. Not loosing any sleep over it.
Pro
1000% then.
Pay to play. It’s MAGA there days. Show them the money or go home.
LMAOO dude. Enjoy the ride
Hmm, making it tougher to transition that F1 to an H1B means the appeal of getting hosed by American universities has suddenly decreased significantly, I would think. Considering those international students are generally the money makers, I imagine the impact is "thoroughly f***ed".
Pro
What about l1 visas for intra company transfers?
Nah. These are abused as well…