Since the initial Presidential Proclamation announcing a $100,000 fee for new H-1Bs, the government has issued several clarifications, the most recent of which was shared on Monday. According to USCIS, here is what we know:

- The fee applies to new petitions for individuals outside the US or filed with a request for consular/Port of Entry notification.

- The fee does NOT apply to amendments, extensions, or changes of status for individuals inside the US, including those selected in the H-1B cap.

- Beneficiaries of an approved petition that did not require the fee are able to freely travel to get a visa, and they will NOT be asked to provide the fee at the consulate. There were concerns that those requesting a change of status might be exempt from the fee in the US but subject to the fee if they left the US; USCIS has confirmed that this is NOT the case.

- If a change, amendment, or extension of status is filed for someone in the US the fee is not required. However, if USCIS approves the petition but requires the individual to go to a consulate and get a visa before using working under the new H-1B, they will be required to provide the fee. This situation can happen if the beneficiary travels after the petition has been submitted or is not in a valid status at the time of submission.

USCIS has added these and other details to the H-1B page of their website.