I'm a little bit confused by the text of the proclamation. It says people outside the country have to pay a $100k fee. Isn't an F1 student on OPT inside the country and not subject to the fee? Or are they required to leave the country to apply and are subject to it.

The proclamation gives me the impression that foreign students are exempt from the fee.

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johanyc 3 days ago | parent | next [-]

They are not directly affected when applying for h1b but think about it what this means to both employers and students. It's a signal that immigration policy can change on a whim. For employers, hiring foreigners has always been cumbersome and now it's even worse due to the uncertainty. For students who starts working on h1b, you are in "immigration jail" in the US for years

	▲	daft_pink 3 days ago \| parent [-]
		My understanding is that depends heavily on whether you’re from a quota country. If you’re from India, you’re in immigration jail for decades. If you were from Costa Rica, the H1B is much more decent path. If this doesn’t apply to foreign US university students then this policy actually helps those students because it will free up spots in the lottery for them or eliminate the lottery, and reduce the quota line for quota country student currently studying.

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cuttothechase 3 days ago | parent | prev [-]

Anyone on H1B who is working in US or is arriving into US for work will have to pay. F1 on OPT is F1 Visa and not on H1B. If they choose to get a H1B at the same time, if they use it to work then they have to pay.

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johanyc 3 days ago | parent [-]

I guess you didnt read the proclamation... 100k payment is only enforced at entry. F1 students when they are ready to apply for h1b are already inside the US

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dotnet00 3 days ago | parent [-]

AFAIK after approval for the H1B, you usually have go through consular services in your home country to get the H1B stamped and to come back on it.

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johanyc 3 days ago | parent [-]

Change of Status H-1B petition doesn't require you to leave the US. Visa is only for entry.

https://www.wsmimmigration.com/immigration-resources/faqs/fi...

F1 is the same. You can have an expired visa but maintain legal student status in the US because visa is for entry only.

	▲	cuttothechase 3 days ago \| parent [-]
		The 100K fee has to accompany the H1B petition. The enforcement happens at the port of entry. So theoretically, a) the application could be denied if it doesnt have the 100K fee. b) If it doesnt get denied then you could stay in the country without paying 100K till a change of status event? This removes any out of US travel options. Not sure how practical option b is, where you put everything on the line if a travel need arises.