H-1B Situation/Type

Travel Risk

Current H-1B visa holder in US

with valid H-1B visa stamp

Lower risk

No observed issues of H-1Bs who traveled internationally and reentered the US

Current H-1B visa holder in US

with expired H-1B visa stamp (previously had an H-1B visa stamp)

Moderate to high risk

Issues:

• lack of clarity on whether $100,000 fee could apply for cap exempt employers like KUMC at the time of renewing visa stamp with embassy; there is risk it could be in this situation
• observation of recent renewal attempts showed that consulates put the H-1B through administrative processing due to the lack of certainty on how to apply the $100,000 fee
  • while eventually an approval was issued but there is no guidance/clarity on how the embassy will address these renewals that are consistent

Current H-1B visa holder in US

no previous H-1B visa stamp (i.e. changed status in US from another visa)

High risk

Issues:

• lack of clarity on whether $100,000 fee could apply for cap exempt employers like KUMC at the time of renewing visa stamp with embassy; there is high risk it could be in this situation

H-1B visa recipient (USCIS approved)

outside the U.S. (no previous H-1B visa stamp)

High risk

Issues:

• lack of clarity on whether $100,000 fee could apply for cap exempt employers like KUMC at the time of renewing visa stamp with embassy; there is high risk and perhaps more certainty at this time that it could be applied in this situation