After much confusion based on a poorly written Executive Order, the White House issued a statement on Saturday that the extra $100,000 fee only applies to new H-1B cases for people outside the US, likely starting in the next lottery cycle.
It does not apply to people with previously approved H-1B petitions, such as extensions, amendments, and transfers. Further, this executive order will not impact those with H-1B visas who seek to travel back to the US.
The White House post on X states the following:
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 must 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.
Please note: This new policy should not apply to F-1 OPT students who are present in the US in the next lottery cycle. It applies to entering people in the lottery who are outside the US. However, interpretation of the new policy can change, so stay tuned for further updates for F-1 students.
Also, as stated above, it does not apply to H-1B extensions, amendments, or transfers.
Contact us if you have any questions.