US Weighs New H-1B, OPT Fees: Why Indian Students and Tech Professionals Could Face Higher Costs

The United States is considering new fees for the H-1B work visa and F-1 Optional Practical Training (OPT) programme, a move that could significantly increase immigration costs for Indian students and technology professionals seeking to build careers in America. 

The proposals are still under review and the US government has not publicly confirmed the final fee amounts. However, immigration law firm Fragomen said the US Department of Homeland Security (DHS) has started the regulatory process for both measures.

The development comes at a time when the Donald Trump administration has already introduced several changes affecting foreign students, skilled workers and employers sponsoring international talent.

What Is The US Government Proposing?

According to Fragomen, a proposed fee rule for the F-1 OPT programme was sent to the Office of Management and Budget (OMB) for review on August 20.

A separate proposal relating to fees for certain H-1B petitions was received by the OMB and cleared its review on August 19.

The contents of both proposals remain confidential. This means there is currently no confirmed figure for either fee.

However, recent reports cited by Fragomen suggest that the DHS could consider a fee of as much as $100,000 for OPT applications.

A possible new H-1B fee could also be connected to the administration's earlier attempt to introduce a $100,000 payment requirement for certain H-1B petitions.

Why Indians Could Be Hit Hard

The proposed fees would not officially be based on nationality. They would apply according to the immigration category and circumstances of an application.

Indians, however, could be disproportionately affected because of their large presence in the US skilled-worker and international-student system.

US Citizenship and Immigration Services data showed that people born in India accounted for 71 per cent of H-1B petitions approved in fiscal year 2024.

This makes India the single largest source of H-1B beneficiaries and means any significant increase in the cost of the programme could have a direct impact on Indian technology professionals and the companies that employ them. 

Why OPT Is Particularly Important For Indian Students

The proposed OPT fee could be especially significant for Indian students because OPT is one of the main routes through which international students begin working in the US after completing their education.

Students generally enter the country on an F-1 visa. After completing their degree, they can apply for Optional Practical Training, allowing them to work temporarily in a job related to their field of study.

For students graduating in science, technology, engineering and mathematics, the STEM OPT extension can provide additional time to remain employed in the US.

Many international students then seek H-1B sponsorship from their employers.

This creates a commonly used pathway:

F-1 student visa → OPT → STEM OPT, where eligible → H-1B

Any substantial increase in the cost of OPT could therefore affect students before they even reach the H-1B stage.

Current OPT Application Costs

At present, the government filing fee for Form I-765, which is used to apply for employment authorisation including OPT, is $470 when filed online and $520 when filed on paper, according to the fee schedule cited by India Today.

A potential $100,000 OPT fee would therefore represent an enormous increase compared with the current application cost.

Unlike most mandatory H-1B petition costs, which are generally paid by the sponsoring employer, the OPT application is filed by the student.

That distinction could make any major OPT fee particularly difficult for international students, who would have to bear the direct cost themselves. 

What Happened With The Earlier $100,000 H-1B Fee?

The Trump administration had already attempted to impose a $100,000 payment requirement on certain new H-1B petitions in September 2025.

The measure primarily targeted petitions involving beneficiaries outside the US or cases requiring consular notification. It generally did not apply to existing H-1B holders or several extension and change-of-status cases, including the commonly used transition from F-1/OPT to H-1B status.

The policy faced legal challenges.

On June 8, a federal district court in Massachusetts struck down the measure, ruling that the administration had exceeded its authority and that the payment amounted to an unlawful tax.

The Trump administration appealed the decision, but the First Circuit Court of Appeals declined to stay the lower court's order in July.

As a result, the $100,000 payment under that particular policy cannot currently be collected by USCIS. 

Why The New H-1B Proposal Matters

The latest development is significant because the DHS appears to be considering a new regulatory route for imposing an H-1B fee after the administration's earlier approach was rejected by the courts.

The new proposal does not mean that a $100,000 H-1B fee has been approved.

The actual amount, the categories of petitions covered and the conditions attached to the fee will only become clear if and when the DHS publishes the proposed rule.

Until then, employers and foreign workers face uncertainty over the potential cost of future H-1B applications.

How Much Does An H-1B Application Cost Now?

Even without the proposed additional fee, an H-1B petition can involve several government charges.

Depending on the employer and type of petition, these can include:

• H-1B registration fee

• Form I-129 filing fee

• ACWIA training fee

• Fraud-prevention fee

• Asylum programme fee

• Additional charges applicable to certain large H-1B/L-1 employers

• Optional premium-processing fees

Some employers with at least 50 employees may also face an additional $4,000 fee if more than half of their workforce is in H-1B or L-1 status.

Legal fees and premium processing can add substantially to the overall cost.

For most Indian H-1B workers, however, the mandatory petition-related government charges are generally the responsibility of the sponsoring employer rather than the individual employee. 

What It Could Mean For US Technology Companies

The proposed changes could also affect American companies that rely heavily on international skilled workers.

Technology companies and IT services firms frequently use the H-1B programme to recruit specialised professionals when they need workers with particular technical expertise.

Higher sponsorship costs could make companies more cautious about hiring foreign workers or could increase the financial burden associated with existing recruitment plans.

For Indian IT professionals, this could translate into tougher competition for sponsorship and greater uncertainty when moving from university employment to long-term work status.

Indian Students Face Uncertainty At Two Stages

The proposed changes matter to Indian students at two separate points.

The first is immediately after graduation, when they depend on OPT to obtain work authorisation.

The second comes when they seek to transition from OPT to H-1B status through an employer.

A higher OPT fee would directly affect students. A higher H-1B fee would primarily affect employers, but could indirectly influence their willingness to sponsor international graduates.

That combination could make the F-1-to-OPT-to-H-1B pathway more expensive and less predictable.

No New Fee Has Been Finalised Yet

For now, students and professionals should distinguish between a proposal and an implemented immigration rule.

The DHS has begun the regulatory process, but the proposed fee amounts have not been officially made public.

The reported $100,000 OPT figure is a possible amount under consideration, not a fee currently payable by international students.

Similarly, the earlier $100,000 H-1B payment requirement is not currently enforceable following the court ruling.

The next major step will be publication of the proposed rules, which should provide details on the amounts, affected applicants and petitions, exemptions and the proposed implementation process.