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0 pointscvhc7mo ago0 comments

"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.

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psidium7mo ago

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

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psidium7mo ago

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