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1245 points mriguy | 1 comments | | HN request time: 0.208s | source
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disillusioned ◴[] No.45308812[source]
I saw that a certain reading of this language:

> Section 1. Restriction on Entry. (a) Pursuant to sections 212(f) and 215(a) of the Immigration and Nationality Act (INA), 8 U.S.C. 1182(f) and 1185(a), the entry into the United States of aliens as nonimmigrants to perform services in a specialty occupation under section 101(a)(15)(H)(i)(b) of the INA, 8 U.S.C. 1101(a)(15)(H)(i)(b), is restricted, except for those aliens whose petitions are accompanied or supplemented by a payment of $100,000 — subject to the exceptions set forth in subsection (c) of this section. This restriction shall expire, absent extension, 12 months after the effective date of this proclamation, which shall be 12:01 a.m. eastern daylight time on September 21, 2025.

Could be interpreted to mean that anyone who leaves the country on a _current_ H1B and attempts to return might be blocked if they don't have proof of the payment having been made, despite the fact that no process currently exists to remit said payment.

I'd love to say it's doubtful this administration would do something so callous, asinine, and cruel, but...

replies(3): >>45308924 #>>45309015 #>>45309331 #
1. nelox ◴[] No.45309331[source]
No, the language clearly limits the restriction to those “aliens … currently outside the United States.” “Entry” in this context means seeking admission (or re-entry) to the U.S. from abroad, under a new petition or visa that starts outside. It is tied to new petitions, and specifically those where the beneficiary is abroad.

“(b) The Secretary of Homeland Security shall restrict decisions on petitions not accompanied by a $100,000 payment for H-1B specialty occupation workers … who are currently outside the United States …”