H1B to Pay $100K for Missed Stamp, Lottery Ruined?

A former H-1B lottery winner is stuck in a confusing situation caused by the new $100,000 fee on fresh petitions. Though his visa was approved earlier, he never got it stamped or entered the US, and his passport still carries his old F-1 student visa.

Confusion Over H-1B Re-entry

Now back in his home country, the worker’s US employer has warned that stamping the H-1B visa may trigger the new $100,000 fee for re-entry. However, lawyers say the situation remains unclear because his original H-1B approval was issued before the rule came into effect.

USCIS Clarification Adds More Questions

USCIS recently confirmed that approvals processed within the US are exempt from the fee. But since this worker left the country without an H-1B stamp, his case falls into a legal grey zone. His petition was approved before the new rule, yet stamping would technically happen after it.

Immigration Community Divided

Immigration forums and online groups are equally confused. Some users claim the fee might apply to any new filing or visa stamping done abroad, while others believe existing approvals should remain unaffected. Port officials could still ask for proof of payment during entry.

Waiting for Legal Clarity

Experts say the only solution is for the employer to proceed with stamping and wait for official guidance. Even lawyers admit that with the policy being so new and untested, there is no clear precedent. For now, the worker’s return to the US remains uncertain.