The announcement of increased fees for the H-1B work visa programme and the F-1 Optional Practical Training (OPT) programme is set to impact Indian students and technology professionals aiming to establish careers in the United States. The US Department of Homeland Security (DHS) has initiated a proposal process, according to the New York City-based immigration law firm Fragomen. This proposal is currently under consideration, and the specific fee amounts have not yet been disclosed.

Approximately 71 per cent of H-1B petitions approved in fiscal year 2024 were for applicants from India, indicating the significance of these developments for Indian nationals. The new proposals follow a challenging year for H-1B applicants, marked by the Trump administration’s attempt to impose a $100,000 payment requirement for certain petitions, which was later annulled by a federal court.

Details of the Proposed Fees on H-1B and OPT

Fragomen reported that the DHS has begun the regulatory process to introduce new fees. As of August 21, a proposed fee for the OPT programme was sent to the Office of Management and Budget (OMB) for review. A separate proposal concerning fees on certain H-1B petitions was also received by the OMB and cleared on August 19. However, the specific contents of these proposals remain confidential at this time.

While there is no definitive fee structure released, there are reports suggesting that the DHS might propose a fee of up to $100,000 for OPT applications. A similar fee for H-1B petitions may also be contemplated, especially in light of prior legal battles surrounding the previous $100,000 requirement.

The Trump administration’s earlier proposal, introduced in September 2025, aimed at applicants outside the US and did not apply to those already holding H-1B status. Although the policy was aimed at increasing costs for foreign H-1B hires, a federal court vacated it on June 8, deeming it an unlawful tax. Subsequent appeals by the administration were also declined, leaving this payment unenforceable.

Current Costs Associated with H-1B Applications

Even without the proposed $100,000 fee, acquiring an H-1B worker involves considerable expenses for companies. Employers face multiple government charges linked to the standard new H-1B petition. These charges include the H-1B registration fee, Form I-129 filing fee, ACWIA training fee, fraud prevention fee, and asylum programme fee, which collectively can reach a significant amount.

Additional costs may include a $4,000 fee for larger employers that have a substantial proportion of their workforce on H-1B or L-1 visas. Premium processing and legal representation can further inflate costs. Notably, most fees for H-1B petitions are typically borne by the employer rather than the prospective employee.

Impact on Indian Students Transitioning from OPT to H-1B

The potential changes in fees are particularly pertinent for Indian students, many of whom enter the US on an F-1 visa. After completing their studies, they typically use OPT to gain work experience in their field, with STEM graduates eligible for an extension that allows them to work longer before transitioning to H-1B status.

The current filing fee for Form I-765, required for OPT, is $470 for online submissions and $520 for paper filings. Any new substantial fees would increase the direct financial burden on international students, as they usually must cover these costs personally. Given reports of a potential $100,000 fee for OPT, there is significant concern among student populations.

It is important to note that immigration fees in the US are not determined by nationality, meaning any proposed fee structure would apply broadly across various applicant demographics. However, given the high representation of Indian nationals in the H-1B programme, the impact on this group is expected to be noticeably pronounced.

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