H-1B Fee Shock? US Proposes $103,265 Charge as Indian Students Face Fresh OPT Uncertainty

 

Indian students and technology professionals planning to build careers in the United States could face significantly higher immigration costs as the Trump administration moves to change fees for the H-1B work visa and F-1 Optional Practical Training (OPT) programme.

The situation has developed rapidly. While the Department of Homeland Security (DHS) had earlier begun regulatory work on both proposals, the US government has now formally proposed a $103,265 additional fee for H-1B cap-subject petitions. The proposal was published in the Federal Register on August 25 and is open to public comment.

The separate proposal concerning an OPT fee remains under development. Immigration law firm Fragomen said DHS had sent the proposed OPT fee rule to the Office of Management and Budget for review on August 20. The exact amount has not been confirmed, although media reports have suggested a possible charge of up to $100,000.

What is the proposed H-1B fee?

Under the new proposal, DHS would establish an additional $103,265 fee for H-1B cap-subject petitions, including cases eligible for the advanced-degree exemption.

The proposed charge would be payable when the petition is filed and would come on top of other applicable H-1B fees. DHS estimates that the measure could generate around $8.8 billion annually based on approximately 85,000 cap-subject petitions.

The proposal would not apply to all H-1B cases. Certain cap-exempt petitions, including those filed by qualifying higher-education institutions and research organisations, would be excluded.

Why are Indians particularly affected?

Indian professionals have an outsized presence in the H-1B programme. According to USCIS data, 71% of approved H-1B petitions in FY 2024 involved beneficiaries born in India, compared with about 12% for China.

A steep increase in employer costs could therefore have significant implications for Indian technology professionals, US companies hiring foreign workers and students hoping to transition from education into employment.

What about the possible OPT fee?

The proposed OPT charge could be even more significant for international students because OPT is generally a student-driven employment authorisation process.

International students typically complete a US degree on an F-1 visa and then use OPT to gain work experience related to their field of study. STEM graduates may qualify for a further STEM OPT extension.

Fragomen has confirmed that DHS is pursuing a new OPT fee proposal, but the contents remain confidential until the proposal is formally released. Reports of a possible $100,000 OPT fee are not yet a confirmed government charge.

What happened to the earlier $100,000 H-1B fee?

The latest proposal follows last year's controversial attempt to impose a $100,000 payment requirement on certain new H-1B petitions.

That earlier measure faced legal challenges and was subsequently blocked by a federal court. The new DHS proposal uses a different regulatory mechanism, seeking to establish the $103,265 amount as a separate fee under federal regulations.

What does this mean for Indian students?

For Indian students considering US universities, the potential financial impact could extend beyond tuition and living expenses.

The F-1 → OPT → H-1B pathway is an important route for international graduates seeking professional employment in the US. A substantial OPT charge could make the first employment stage considerably more expensive, while the proposed H-1B fee could increase the cost for employers sponsoring workers.

However, students should not treat the reported $100,000 OPT figure as final. No such OPT fee has been officially confirmed yet.

For now, the H-1B proposal is also not final. It must go through the regulatory process and public-comment period before it can take effect.