US plans new fees for H-1B and OPT, Indian students and techies to feel the pinch

The US Department of Homeland Security is moving ahead with proposals for new H-1B and OPT fees, according to a New York City-based law firm. The move might sharply raise costs for Indian students and technology professionals using the F-1-to-H-1B route.The H-1B visa is for foreign professionals hired in specialised jobs. The F-1 OPT programme lets international students work in the US after graduating. (Image: AI-generated)For Indian students and technology professionals looking to build careers in the United States, the cost of getting there might be set to rise again amid all the increased scrutiny by the US President Donald Trump-led administration. The US Department of Homeland Security (DHS) has begun the process of proposing new fees for both the H-1B work visa programme and the F-1 Optional Practical Training (OPT) programme, according to New York City-based immigration law firm Fragomen.The proposals are still under review and the exact amounts are not public. But the development is significant for Indians, who account for the overwhelming majority of H-1B beneficiaries. A USCIS (US Citizenship and Immigration Services) report shows that 71% of H-1B petitions approved in fiscal 2024 were for beneficiaries born in India.The proposal of the potential charges comes after a tumultuous year for H-1B applicants, which saw the Trump administration introduce $100,000 payment requirement for certain H-1B petitions before the fee was struck down by a federal court.While the H-1B visa is for foreign professionals hired in specialised jobs, the F-1 Optional Practical Training (OPT) programme lets international students work temporarily in roles related to their course of study.WHAT ARE THE NEW POTENTIAL FEES ON H-1B AND OPT?New York-based Fragomen, one of the world's leading corporate immigration law firms, said in a note on August 21 that US DHS has started the regulatory process for new fees affecting the H-1B and F-1 OPT programmes. According to the law firm, "a proposed OPT fee rule was sent to the Office of Management and Budget (OMB) on August 20 for review." A separate proposal concerning a fee on certain H-1B petitions was received by OMB and cleared review on August 19.The contents of both proposals remain confidential currently. That means there is no confirmed new fee amount yet. However, the Fragomen cited recent news reports and suggested that "DHS could propose a fee of as much as $100,000 for OPT applications." The proposed H-1B fee could also be linked to the legal battle surrounding the earlier $100,000 H-1B payment requirement.THE SETBACK TRUMP GOVT FACED ON PROPOSED $100,000 H-1B FEESThe Trump administration had introduced a one-time $100,000 payment requirement for certain new H-1B petitions in September 2025.The fee was aimed primarily at petitions involving beneficiaries outside the US or cases requiring consular notification. It generally did not apply to existing H-1B holders or extension and change-of-status cases, including the common route from F-1/OPT to H-1B.The measure increased the potential cost of hiring an H-1B worker from abroad. But the $100,000 fee is not currently enforceable.A Massachusetts federal district court vacated the policy on June 8, finding that the administration had exceeded its authority and that the fee amounted to an unlawful tax.The Trump-led government appealed, but the First Circuit Court of Appeals declined to stay the lower court's order in July. That means USCIS cannot currently collect the $100,000 payment under that policy.Now, Fragomen revealed that the DHS is considering a new regulatory route for an H-1B fee, making the latest proposal particularly significant.HOW MUCH DOES AN H-1B COST CURRENTLY?Even without the $100,000 payment, hiring an H-1B worker is not cheap for an organisation. For a standard new H-1B petition, employers can face several government charges, including the H-1B registration fee, Form I-129 filing fee, ACWIA training fee, fraud-prevention fee and asylum programme fee.Depending on the employer and petition, mandatory government costs can run into several thousand dollars.There can also be an additional $4,000 fee for certain employers with at least 50 US employees where more than half of their workforce is in H-1B or L-1 status. The fee is particularly relevant to some large IT consulting and staffing companies.Employers may also pay for premium processing and legal representation, taking the total cost substantially higher. The important point for Indian H-1B workers is that most mandatory H-1B petition fees are employer costs, rather than expenses that the individual worker is expected to pay.WHAT ABOUT THE INDIANS MOVING FROM OPT TO H-1B?This is where the possible changes and hike in fees could matter particularly to Indian students.Many Indian students enter the US on an F-1 student visa, complete their degree and then use OPT to work in their field. STEM (science, technology, engineering, and mathematics) graduates can subsequently qualify for a STEM OPT extension, giving them additional time to work before potentially moving to H-1B status.The current government filing fee for Form I-765, which is used for employment authorisation including OPT, is $470 (around Rs 39,000) when filed online and $520 (Rs 43,200) on paper, according to the USCIS fee schedule.Any substantial new OPT fee would therefore represent a major increase in the direct cost faced by international students.And unlike the H-1B petition, where the employer generally bears the mandatory petition costs, OPT is an individual application, meaning the student typically bears the filing cost.This is why reports of a possible $100,000 OPT fee have generated particular concern. The $100,000 figure is only a reported possibility at this stage, not a confirmed DHS fee.The US does not impose these immigration fees based on nationality. An H-1B or OPT fee would generally apply according to the immigration category and circumstances of the application, not because someone is Indian.But Indians are likely to feel the impact disproportionately because of their enormous presence in the H-1B programme.The changes to H-1B costs, eligibility or processing are likely to have a particularly large effect on technology professionals and students from India.For Indian students already in the US on F-1 status, the issue is especially important because the pathway from F-1 to OPT to H-1B is one of the most common routes into long-term professional employment in America.- EndsPublished By: Avinash KateelPublished On: Aug 24, 2026 15:00 IST