u/Fast-Effective-7890

Hi everyone,

I’m looking for some insight from anyone navigating the 2026 H-1B cycle, specifically regarding the new $100k fee and "Maintenance of Status" issues.

The Situation:

I’m currently on STEM OPT. For the first few months of my STEM OPT (starting in July), I was working two jobs.

Job A: My primary role, 40+ hours/week at a large firm.

Job B: A secondary university role (Course Assistant) with flexible hours.

The Issue:

While my primary job was always 40 hours, my secondary university job fluctuated. Looking back at my bi-weekly paystubs, there were several periods where the university hours dipped below the 20-hour/week STEM OPT requirement (sometimes 12–17 hours).

As soon as I realized the university role couldn’t consistently meet the 20-hour minimum required for each employer on STEM OPT, I resigned (back in November) to ensure I remained in compliance. Since then, I've only worked Job A.

The Concern:

My H-1B lottery was picked this year and my law firm is preparing to file a Change of Status.

With the 2026 Presidential Proclamation in effect, I’m worried that if USCIS sees those low-hour weeks from last year, they might deny the Change of Status even if they approve the petition. My understanding is that if the COS is denied, it converts to "Consular Notification," which triggers the $100,000 supplementary fee for my employer.

Questions:

Has anyone else with a "split" employment history (where a secondary job dipped below 20 hours) had their Change of Status approved recently?

Does anyone have experience with how USCIS is treating minor "Maintenance of Status" technicalities in light of the $100k fee? Are they being more lenient to avoid triggering the fee for employers, or more strict?

If you faced an RFE for "Maintenance of Status" based on paystubs, how did you/your lawyers argue it?

I’m working with a law firm, but I’m trying to gauge if I should be prepared for a "Split Decision" (Petition approved / COS denied).

Thanks in advance!

Hi Everyone,