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Rishm
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H1B_Proc_Memo_FINAL.pdf

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I am slightly relieved, thank you for sharing updates Ram!
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👍👍👍

Looks like in the information vacuum lot of the attorneys and people overreacted. This is still horrible but not as horrible as they painted to be at first.
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still not so good news...especially new H1B petitions.. here is the matrix shared by our lawyer
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🤨 wow. Complicated. This is like one of those doozy data sites questions.
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It’s classic U.S. immigration policy - messy first draft, clarification comes in waves, and often the real answer only emerges once USCIS publishes a formal implementation notice.
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Some folks are citing the Rapid Response tweet that says the $100K fee “applies starting February to applicants who are outside the U.S..” That, plus the USCIS memo header (“Restriction on Entry”), makes it sound like the rule is mainly about consular H-1B cases (new visas stamped abroad), not in-country change of status (like F-1/OPT → H-1B).

That reading has support:

The proclamation cites INA authority tied to entry of aliens.
White House messaging keeps emphasizing entry and new visas.
If you’re already in the U.S. and just switching status, you’re not “entering.”

⚖️ Legal gray zone: The memo also says the rule applies to petitions “not yet filed,” and in USCIS language that could include change-of-status filings inside the U.S. as well. Until USCIS issues formal guidance, attorneys and employers may assume COS could be covered to be safe.

👉 TL;DR: The Rapid Response tweet suggests only outside-U.S. first-time H-1Bs are hit with the $100K, but because the memo’s language is broad, there’s still ambiguity. We won’t know for sure until USCIS publishes implementation details.
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Found this on Bloomberg opinion article:
*the Trump administration has given this overhaul a year-long window, at which point it will be re-evaluated.*

https://www.bloomberg.com/opinion/artic ... WiHLGEXvgQ

The author is a sympathizer 😞
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Twitter and Reddit is full of this stuff

Both sides have lot of logical points and equally irrational
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Quote:

@sri23 but this still affects mba students yeah? Cause switching from F1 still requires the employer to pay $100k usd for the H1B?
I dont think so. Anyone who is in US and getting H1B in US will not be impacted

So as long as you are not returning to your home country to get H1B, you’ll be good
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Yeah let’s wait, clarifications will come soon
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The whole ambiguity in this $100K H-1B discussion comes down to how “NEW H-1B” is defined in the memo and subsequent guidance.

Narrow interpretation:
“New H-1B” = first-time, cap-subject petitions (lottery wins, consular processing). In that case, F-1 → H-1B COS inside the U.S. wouldn’t trigger the fee, because you’re not entering.

Broad interpretation:
“New H-1B” = any first petition ever filed for a person, regardless of whether it’s change of status (inside) or consular (outside). That’s what makes lawyers cautious, because USCIS language often treats COS filings as “new” petitions.

That’s why you see lot of split opinions

Personally for me .....Until USCIS issues clarifying guidance, both readings are technically possible.
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The other big contradiction is when exactly this $100K is collected

By law/practice, all H-1B petition fees are paid upfront by the employer at the time of filing with USCIS, not later.

But the memo’s wording makes it sound like the fee is collected “at entry”, which doesn’t track with how the system works. Imagine someone does COS and then lands in Chicago at 1 am — there’s no way an employer is cutting a $100K check to CBP at the airport.

So most likely “at entry” is sloppy drafting, and what they really mean is petitions filed for candidates outside the U.S. (consular processing), where the whole packet (including fee) is already employer-submitted.
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There's lots of chaos on this topic, only time will tell
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