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Pabian Law Clients and Friends,
There have been some updates since Friday's Presidential Proclamation, "Restriction on Entry of Certain Nonimmigrant Workers". Please find our Client Alert below that was sent over the weekend to learn more about the Proclamation.
Over the weekend, White House officials clarified that the Proclamation does not apply to current H-1B visa holders. Current H-1B visa holders can leave the United States and reenter the country without concern of paying the new fee. More information is below.
H-1B visas are NOT H-2B visas
As a reminder, employers petitioning for H-2B visas and employees on H-2B visas are not affected by the Proclamation. H-1B and H-2B visas are different and are independent of one another. H-1B visas are for "professional workers" working in jobs that the U.S. government deems to be ones that require U.S. Bachelor's degrees or the foreign equivalent. Conversely, H-2B visas are for foreign nationals to work in seasonal roles for organizations in the United States.
What have we learned since the release of Friday's Proclamation?
According to numerous sources, only new filings of H-1B petitions must pay the $100,000 fee. U.S. Citizenship and Immigration Services ("USCIS") and U.S. Customs and Border Protection (CBP) issued memorandums via X, stating that the Proclamation applies solely to new and prospective H-1B petitions. The fee will not apply to current visa holders or renewals. Therefore, it will only apply to future H-1B visa applicants.
Additionally, the White House Press Secretary clarified in a post on X that the $100,000 payment would only be a one-time fee, not an annual one. Therefore, companies sponsoring a new H-1B worker would only pay the $100,00 payment once with the initial application and not $300,000 over the duration of the three (3) year visa period.
For the time being, we still caution H-1B visa holders that international travel could be perilous, as there has been so much confusion and so many changes since the Proclamation was issued on Friday night. That being said, the official government memorandums should be enough to allow H-1B visa holders to reenter the U.S. without having to pay the new $100,000 fee.
Next steps
The announcement from this past weekend will almost certainly be challenged in court. We will continue to update you as the Proclamation is clarified through official channels. As always, please do not hesitate to reach out with any questions or concerns.
Thank you,
Keith and the Pabian Law Team
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
