Daijiworld Media Network - Washington
Washington, Aug 24: Indian students and technology professionals planning careers in the United States could face higher immigration costs as the Donald Trump administration considers introducing new fees for the H-1B work visa and F-1 Optional Practical Training (OPT) programmes.
The US Department of Homeland Security (DHS) has begun the regulatory process for proposing new fees affecting both programmes, according to immigration law firm Fragomen. The proposals are still under review and their contents, including the exact fee amounts, have not been made public.
Fragomen said in a note on August 21 that a proposed rule concerning an OPT fee was sent to the Office of Management and Budget (OMB) for review on August 20. A separate proposal relating to fees on certain H-1B petitions was received by the OMB and cleared review on August 19.
The development is particularly significant for Indians because they account for the overwhelming majority of H-1B beneficiaries. According to a US Citizenship and Immigration Services report, people born in India accounted for 71 per cent of H-1B petitions approved in fiscal 2024.
The H-1B programme allows US employers to hire foreign professionals in specialised occupations, while the F-1 OPT programme enables international students to work temporarily in jobs related to their field of study after completing their education.
The latest proposal comes after a turbulent year for the H-1B programme. In September 2025, the Trump administration introduced a one-time $100,000 payment requirement for certain new H-1B petitions, particularly cases involving beneficiaries outside the US or petitions requiring consular notification.
The measure generally did not apply to existing H-1B holders or extension and change-of-status cases, including the commonly used route from F-1 status through OPT to H-1B.
However, a Massachusetts federal district court subsequently struck down the $100,000 requirement. The court ruled 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 government cannot currently collect the $100,000 payment under that particular policy.
The latest development is significant because DHS now appears to be considering a separate regulatory route for imposing an H-1B-related fee.
Fragomen has also cited reports suggesting that DHS could propose a fee as high as $100,000 for OPT applications. However, the figure remains only a reported possibility and has not been confirmed by the US government.
Even without the disputed $100,000 payment, employing an H-1B worker already involves several government charges. Depending on the employer and type of petition, these can include the H-1B registration fee, Form I-129 filing fee, ACWIA training fee, fraud-prevention fee and asylum programme fee.
For certain employers with at least 50 employees in the US, where more than half of their workforce holds H-1B or L-1 status, an additional $4,000 fee can also apply. The provision is particularly relevant to some large technology consulting and staffing companies.
Employers may also incur additional costs for premium processing and legal representation, meaning the overall expense associated with hiring an H-1B professional can run substantially higher.
Most mandatory H-1B petition costs, however, are generally the responsibility of the employer rather than the individual foreign worker.
The situation is different for OPT. Many Indian students enter the US on an F-1 student visa, complete their degrees and then apply for OPT to gain practical work experience in their area of study.
Students graduating in science, technology, engineering and mathematics fields can also qualify for the STEM OPT extension, allowing them to remain eligible for employment for additional time before potentially moving to H-1B status.
The current USCIS filing fee for Form I-765, used to apply for employment authorisation including OPT, is $470 for online applications and $520 for paper applications.
A substantial new OPT fee could therefore significantly increase the direct financial burden on international students.
Unlike H-1B petitions, for which employers generally bear mandatory petition expenses, OPT is an individual application and the student normally pays the filing fee.
This distinction has fuelled particular concern over reports of a possible $100,000 OPT fee. Such a figure, however, remains unconfirmed and should not be treated as an announced or final charge.
The proposed immigration fees would not specifically target Indians. US immigration fees generally apply according to the relevant visa category and circumstances of an application rather than the applicant's nationality.
Indians could nevertheless be disproportionately affected because of their strong presence in the H-1B programme and the large number of Indian students pursuing higher education in the US.
For Indian students already in America on F-1 visas, the potential changes are particularly important because the F-1-to-OPT-to-H-1B route is one of the most common pathways into long-term professional employment in the United States.
Any increase in OPT costs could therefore affect students directly, while changes to H-1B fees could influence employers' decisions on sponsoring foreign technology professionals.
For now, no new fee amounts have been officially announced. The DHS proposals remain under review, and further details are expected only after the regulatory process advances.