Per USCIS and CBP (see photos below), it appears that the new $100,000 fee will not apply to: (1) H-1B visa holders currently abroad who are reentering the U.S.; (2) H-1B visa holders traveling internationally and returning or (3) H-1B petitions filed prior to Sept. 21.
Instead, the proclamation applies only to new H-1B petitions filed after Sept. 21.
That said, we strongly advise H-1B holders not to travel outside the U.S. at this time if they are here, as the situation is still developing and additional guidance is expected.
We will continue to track this as new updates come in.
Those traveling should show the border officers the attached pictures if they are not aware of the update.
Please understand that this is a developing issue. For any questions, contact michael@wildeslaw.com or josh@wildeslaw.com.
*This post may not be updated.
