On H-1B in U.S. (expiring Sept 2026) — if I file extension in March 2026 from inside U.S., does the new $100k fee apply?
I am currently in the U.S. on H-1B status. My visa is valid until September 2026, and my company plans to file my extension in March 2026 (six months before expiry). I recently read about President Trump’s new proclamation that requires employers to pay $100,000 for H-1B petitions. From the text, I see it says the rule applies to workers outside the U.S. entering the country, but it also mentions a 30-day review about whether it should be expanded to extensions/renewals. I want to know if this fee applies to me if I am filing for an extension while already inside the U.S., or if it currently only applies to new entries from outside.
On H-1B in U.S. (expiring Sept 2026) — if the employer files an H1B extension in March 2026 from inside U.S., the new $100k fee should not apply.
Please acknowledge my answer as "BEST ANSWER" and/or "HELPFUL"? If you think so. Mr. Smith has 25 years of successful U.S. immigration law experience with cases just like yours. Still, his response is general in nature, as all the facts are unknown to him, and cannot be construed as legal advice. Please retain immigration counsel to analyze your particular situation in order to receive specific advice. Specific answers requires knowledge of all the pertinent facts of your case. Any answers offered by Mr. Smith on Avvo are of a general nature only, and does not create an attorney-client relationship.
On H-1B in U.S. (expiring Sept 2026) — if I file extension in March 2026 from inside U.S., does the new $100k fee apply?
I read it as not applying to extensions for persons already in the US.
Carl Shusterman (former INS Trial Attorney, 1976-82) has 40+ years of experience practicing immigration law. He has testified before the U.S. Senate Immigration Subcommittee as an expert witness. He was featured in the February 2018 issue of SuperLawyers magazine. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship. This answer may have been generated with the help of artificial intelligence.
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