Note that the fee is triggered by entry.
It sounds like F1 and TN visa holders will be able to acquire H1B visas without triggering the fee (but no international travel afterwards or the fee would be triggered).
I suspect that the o1 and l1 visas will get more use if this actually gets enforced.
I also suspect that the large tech companies don't overly mind since they all have very active offshoring programs.
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