- The US Homeland Security is reviewing new fee proposals for OPT and certain H-1B petitions
- Indian nationals dominate H-1B approvals with 71% in fiscal 2024, impacting many applicants
- Proposals, submitted to the Office of Management and Budget, remain confidential without set fees
The US Department of Homeland Security has begun the regulatory process for potential new fee proposals affecting the F-1 Optional Practical Training programme and certain H-1B petitions, a development that could have significant implications for Indian students and technology professionals.
Indian nationals could be particularly affected, given their large presence in the H-1B programme and widespread use of the OPT pathway after completing studies in the United States.
According to immigration law firm Fragomen, the Department of Homeland Security has initiated separate regulatory processes related to fees for OPT and certain H-1B petitions.
The proposals are currently moving through the federal regulatory review process, although their precise details and potential costs have not been publicly disclosed, according to reports.
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Applicants born in India accounted for 71% of H-1B petitions approved in fiscal 2024, according to a US Citizenship and Immigration Services study cited in the report.
Fragomen said a proposed OPT fee rule was submitted to the Office of Management and Budget for review on Aug. 20. A separate proposal involving fees for certain H-1B petitions was also submitted to the OMB.
The proposals remain confidential, and there is currently no confirmed amount that applicants or employers would be required to pay.
However, reports cited by Fragomen suggest that the Department of Homeland Security could consider a fee of up to $100,000 for OPT applications.
The potential OPT fee follows the Trump administration's earlier move to introduce a $100,000 payment requirement for certain new H-1B petitions.
The requirement, introduced in September 2025, primarily applied to some new H-1B petitions requiring consular notification or involving beneficiaries outside the United States.
Extension and change-of-status petitions, as well as existing H-1B holders, were generally exempt. This included the common transition from F-1 student status and OPT to an H-1B visa.
H-1B hiring already involves several government fees, although most mandatory petition-related costs are generally paid by employers rather than foreign workers directly.
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Why The Proposed OPT Fee Matters
The potential OPT fee could be particularly significant for international students who use the programme to gain work experience in the United States after completing their studies.
OPT allows eligible F-1 visa holders to work temporarily in a field related to their area of study. Graduates of eligible STEM programmes may also qualify for a STEM OPT extension.
For many Indian students, the pathway can follow this sequence:
F-1 student visa → OPT → STEM OPT, if eligible → H-1B
A substantial new fee for OPT could therefore increase the cost of this pathway before students even enter the H-1B system.
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