New H-1B and OPT Fees Under Consideration
Indian students and technology professionals planning careers in the United States could face higher immigration-related costs.
The US Department of Homeland Security has begun the regulatory process for proposed new fees affecting the H-1B work visa and F-1 Optional Practical Training programmes, according to immigration law firm Fragomen.
The proposals remain under review and their exact contents have not been made public.
Could OPT Fee Reach $100,000?
Fragomen has cited recent reports suggesting that DHS could propose an OPT fee of up to $100,000.
However, the figure is not a confirmed government fee at this stage. The proposal remains under review.
Currently, the Form I-765 filing fee for employment authorisation, including OPT, is $470 for online applications and $520 for paper applications.
Why Indian Students Could Be Hit
Many Indian students enter the US on F-1 student visas.
After completing their degrees, they can use OPT to work temporarily in fields related to their studies. STEM graduates may qualify for an additional STEM OPT extension before potentially moving to H-1B status.
A substantial increase in OPT fees could therefore create a major additional financial burden for international students, including Indians.
Indians Dominate H-1B Approvals
Indian nationals have a particularly large presence in the H-1B programme.
According to USCIS data, 71% of H-1B petitions approved in fiscal 2024 involved beneficiaries born in India.
Any major changes to H-1B fees, eligibility or processing could therefore disproportionately affect Indian technology professionals.
Who Pays H-1B Fees?
Unlike OPT, where the student generally pays the application fee, most mandatory H-1B petition costs are normally paid by the employer.
Employers can face charges including the H-1B registration fee, Form I-129 filing fee, ACWIA training fee, fraud-prevention fee and asylum programme fee.
Certain employers can also face an additional $4,000 fee.
Previous $100,000 H-1B Payment
The Trump administration introduced a one-time $100,000 payment requirement for certain new H-1B petitions in 2025.
A federal district court later vacated the policy, ruling that the administration had exceeded its authority.
The government appealed, but the appeals court declined to stay the lower court's order. The $100,000 payment therefore cannot currently be collected under that policy.
Why the New Proposal Matters
The latest development is significant because DHS is considering a new regulatory route for an H-1B fee.
Fragomen said a proposed OPT fee rule was sent to the Office of Management and Budget on August 20 for review, while a separate proposal concerning an H-1B fee cleared OMB review on August 19.
Impact on Indian Tech Professionals
Indian technology professionals make up a large portion of the H-1B workforce.
Any increase in immigration costs could affect employers hiring foreign workers as well as professionals seeking to transition into long-term employment in the US.
For Indian students, the F-1 → OPT → H-1B pathway is particularly important because it is one of the most common routes from US higher education into professional employment.
Not an India-Specific Fee
The proposed immigration fees would not be imposed specifically because an applicant is Indian.
US immigration fees generally apply according to the visa category and circumstances of the application.
However, Indians could feel the impact disproportionately because of their dominant share of the H-1B programme.
Conclusion
The US DHS has begun the process of considering new fees for H-1B and F-1 OPT programmes, potentially increasing costs for Indian students and technology professionals.
Reports of a possible $100,000 OPT fee have caused concern, but no such fee has been officially confirmed.
With Indians accounting for 71% of H-1B beneficiaries approved in fiscal 2024, any changes to the programmes could have significant consequences for the Indian student and technology-professional community in the United States.
