Yes, the new guidance on the $100k H-1B fee is a win. But not for everyone.
USCIS's clarification yesterday brought relief to many international students and current H-1B holders.
F-1 to H-1B change of status? No $100k fee.
H-1B extensions and amendments? No $100k fee.
Travel or visa stamping with an approved extension, amendment, change of status, or change of employer petition? Not a problem.
But here's what people aren't talking about: this guidance creates a harsh dividing line.
If you're a laid-off H-1B professional who left the country after your grace period, you're now stuck outside the system. Your new employer faces a $100,000 fee unless you can return on another visa and change status domestically.
And donât assume you can just enter on a B-2 visa and change status to H-1B. USCIS is increasingly scrutinizing B-2 to H-1B changes of status, focusing on whether the individual intended to work at the time of entry.
Hereâs why: Entering on a visitor visa with a pre-existing plan to take up employment can be viewed as misrepresentation.
Similarly, using B-2 status as a âbridgeâ between two H-1B jobs raises red flags if the B-2 request appears to be a placeholder rather than a bona fide temporary stay.
If you're laid off, you have exactly 60 calendar days from your termination date.
A few possible options during this grace period:
- Switch to H-4 if married to an H-1B holder
- Find new employment and have them file on H-1B transfer petition for you
- If you qualify, your employer or agent can file an O-1A petition for individuals with extraordinary ability
Yes, the news could have been worse.
Some feared this would function as a broad travel ban affecting all new H-1B petitions. Others thought it wouldnt apply until next year's lottery cycle.
So while this guidance is a relief from the worst-case scenario, it's also a disappointment for many who hoped the fee wouldn't take effect until next spring.
P.S. If youâre exploring work visa options like O-1, EB-1, EB-2 NIW, or H-1B, Alma can assess your profile and guide you through the process.