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.