Vincent Boudreau
Dear Campus Community,
With the recent announcement of the new Executive Order related to the H-1B visa status, we know that there is a tremendous amount of concern and uncertainty. I would like to take this time to share some updates from both CUNY Central and The CUNY Research Foundation and the impact to our campus community:
The Proclamation does not apply to:
- Individuals who are already in the United States in a valid H-1B status;
- Beneficiaries with previously approved petitions or valid H-1B visas issued prior to the effective date; or
- Petitions filed before September 21, 2025, as the measure is expressly prospective and will not be applied retroactively.
USCIS has also confirmed that current H-1B visa holders may continue to maintain status, extend their stay, and travel internationally under existing law without being subject to the new payment requirement.
It is further clarified that the EO particularly affects H-1B beneficiaries who are outside the U.S. or seeking to enter or re-enter in H-1B status (for new visas or new petitions). The additional $100,000 fee will not apply if the beneficiary is physically present in the U.S. when filing an H-1B petition, including lottery applications, H-1B transfers, extensions, or amendments.
Currently, the EO doesn’t affect any of CCNY’s H-1B holders. However, it will affect the new faculty hiring from overseas in the future.
In addition, all new petitions (including changes of status from F-1/OPT or individuals abroad with no prior H-1B status) are, as currently written, subject to the new fee—even for cap-exempt organizations such as academic institutions. At this time, we have been advised by the RF team that they will not move forward with new H-1B petitions until further guidance or clarification is issued. Both CUNY and The RF teams will continue to monitor updates closely and provide further information as soon as they know more.
Sincerely,
Vince Boudreau
President