Remix.run Logo
ajaimk 11 hours ago

Seems to be limited to H1B applicants who are outside the country. If I'm reading this correctly, it doesn't impact renewals for those in the country.

whatever1 10 hours ago | parent [-]

You cannot renew a visa (any visa) in the US. You need to exit the country and apply to a US consulate.

psidium 10 hours ago | parent [-]

Yes, but a visa stamp renewal is a visa “application” while the document that allows the application is the “petition”, which is the word used on this text and the step requiring the payment.

cvhc 9 hours ago | parent [-]

"Section 1. Restriction on Entry. (a) ... the entry into the United States..., is restricted, except for those aliens whose petitions are accompanied or supplemented by a payment of $100,000".

OK, if I consider this interpretation, which of the following do you think will apply to already-approved H-1B petitioners: 1. Existing H-1B holder can amend their already-approved petition by "supplementing a payment" to become eligible for a visa and re-entry. 2. It's not possible to amend an already-approved H-1B petition. So existing H-1B holders can never satisfy the requirement. They cannot re-enter with H-1B visa anymore. 3. This EO is not retrospective. So already-approved H-1B petitioners (with or without visa) are fine.

psidium 7 hours ago | parent [-]

I’m not not a lawyer at all and I have no real idea. My guess is that existing visas are already printed and henceforth there is no petition anymore, you have a status or visa already. Since the old petition didn’t require the payment, you don’t need to show proof of payment now. But lol if I actually know how this works, can be anyone’s guess.

My guess is that if this goes forward new h1b visas petitioned while the worker is outside the US will have a line saying “must show proof of payment” or something like that, while petitions while in the US won’t have that line on their visa stamp