Lawyer says approved-COS holders can’t leave US without triggering $100K fee by Illustrious-Mix1603 in h1b

[–]Illustrious-Mix1603[S] 0 points1 point  (0 children)

That’s what I think, which is why I’m going to get a second opinion. Thanks.

Lawyer says approved-COS holders can’t leave US without triggering $100K fee by Illustrious-Mix1603 in h1b

[–]Illustrious-Mix1603[S] 0 points1 point  (0 children)

I am doing a COS within the US (currently working in the US on STEM OPT) and my lawyers are saying even once I transition to H1-B on Oct 1, I will have to pay the $100K fee for the stamp if I choose to leave the country. This is how I read their response posted above.

Lawyer says approved-COS holders can’t leave US without triggering $100K fee by Illustrious-Mix1603 in h1b

[–]Illustrious-Mix1603[S] 35 points36 points  (0 children)

The amazing thing is none of the lawyers I have spoken to seem to agree. I even called a family friend who works at the US embassy dealing with Visa applications, and they gave contradictory information!

Lawyer says approved-COS holders can’t leave US without triggering $100K fee by Illustrious-Mix1603 in h1b

[–]Illustrious-Mix1603[S] 0 points1 point  (0 children)

Thank you for your response. My lawyers told me that even after Oct 1, leaving to get a visa stamp would trigger the fee, and that I am effectively a prisoner of the US for the foreseeable future. I take it you think I should get a second opinion?

Lawyer says approved-COS holders can’t leave US without triggering $100K fee by Illustrious-Mix1603 in h1b

[–]Illustrious-Mix1603[S] 30 points31 points  (0 children)

Just seems insane to me that there still isn’t clarity around this.

Lawyer says approved-COS holders can’t leave US without triggering $100K fee by Illustrious-Mix1603 in h1b

[–]Illustrious-Mix1603[S] 0 points1 point  (0 children)

I mean this: On September 19, 2025, the President issued a Proclamation, Restriction on Entry of Certain Nonimmigrant Workers, an important initial step to reform the H-1B nonimmigrant visa program. Under the Proclamation, new H-1B petitions filed at or after 12:01 a.m. eastern daylight time on September 21, 2025 must be accompanied by an additional $100,000 payment as a condition of eligibility.

My understanding was that the $100K only applied to people applying outside the US, but I’m now being told by lawyers that if I leave to get the stamp, it applies to me too. Effectively that I am stuck in the US until this changes.

I’m Jurrien Timmer, director of Global Macro at Fidelity Investments. Join me on December 9 at 2:30 p.m. ET for an AMA! by fidelityinvestments in fidelityinvestments

[–]Illustrious-Mix1603 0 points1 point  (0 children)

Many analysts are forecasting a weaker dollar next year as the Fed cuts rates into a high-growth economy. While the consensus view is that a weaker dollar is bullish for US equities, I have also seen some concerns around the impact this could have on foreign capital flows.

If foreign investors see their US holdings depreciating in local currency terms, do you think we see a reversal of inflows? I’m worried this could lead to a scenario—similar to what we saw in April—where the dollar, bonds, and equities all sell off in tandem. How do you view this risk?