The U.S. Citizenship and Immigration Service (USCIS) this week issued additional guidance clarifying the presidential proclamation on H-1B petitions, which imposed a new $100,000 fee in certain cases.  

According to the new guidance, the fee does not apply when a beneficiary inside the U.S. is granted a petition requesting: 

• Amendment 

• Extension  

• Change of status to H-1B from another visa category (e.g., F-1 or J-1) 

Beneficiaries of such approved petitions will not incur the fee if they travel outside the U.S. and apply for a visa based on the approved petition or seek to reenter the U.S. on a current H-1B visa. Likewise, the proclamation does not prevent any holder of a current H-1B visa from traveling in and out of the U.S. 

However, if the beneficiary is outside the U.S. or is ineligible for an extension, amendment, or change of status, the $100,000 fee would apply. 

The new H-1B visa requirements were announced in a September 19 presidential proclamation. The Department of Homeland Security said the next day that the fee would apply only to new H-1B petitions beginning September 21.   

H-1B visa holders should consult with their HIO advisor to discuss the specifics of their particular case. We will continue to monitor updates closely and share information on our website as it becomes available.