U.S. Proposes New H-1B and OPT Fees: $100,000 Levy Under Review

WASHINGTON, August 22, 2026 — The Department of Homeland Security (DHS) has formally initiated the regulatory process to impose new fees on the H-1B visa and Optional Practical Training (OPT) programs, with proposals now under White House review and media reports suggesting a potential $100,000 levy on post-graduation work authorization.

The move represents the latest escalation in a broader effort to reshape legal immigration pathways for skilled foreign workers and international students—programs heavily utilized by Indian nationals who account for over 70% of H-1B approvals and tens of thousands of OPT participants annually .

Published: August 22, 2026 | By VisasUpdate.com Editorial Team

DHS proposes new H-1B and OPT fees with potential $100,000 levy on post-graduation work authorization

What’s Being Proposed

Two Separate Fee Rules in Motion

Proposal	Status	Key Reports
OPT Fee	OMB review began Aug 20	$100,000 per application
H-1B Fee	OIRA cleared review Aug 19	Amount unclear; related to enjoined $100K fee

A proposed rule to impose a fee on certain H-1B petitions was received and cleared by the Office of Management and Budget (OMB) on August 19 . The OPT fee proposal was submitted to OMB on August 20 and is now under review .

OPT Proposal

• Potential fee: $100,000 per application

• Who pays: Unclear (students, employers, or universities)

• Program affected: OPT allows F-1 graduates to work 1–3 years post-graduation

• 2024 participants: Approximately 419,000 foreign nationals on OPT

A DHS spokesperson emphasized that “no policies should be considered final until formally announced” .

“At DHS, we are always having conversations about how to use all tools in our arsenal to protect the integrity of our legal immigration system.”

Legal Backdrop and Context

The new proposals follow a June 2026 federal court ruling that struck down Trump’s earlier $100,000 fee on H-1B applications .

• Judge Leo Sorokin (D. Mass.) ruled the fee was an unlawful tax requiring congressional authorization .

• The administration has appealed, but the court has rejected the appeal .

Impact on Indian Nationals

Indian professionals are the largest beneficiaries of both programs:

Program	Indian Share (FY 2025)
H-1B Extensions	77.6% (226,359 of 291,542)
H-1B Approvals	~72% overall
OPT Program	Significant share among 419,000+ participants

Major tech employers likely to be hit include Amazon, TCS, Microsoft, Meta, Apple, and Google .

Next Steps

Once published in the Federal Register, both proposals will be open for public comment for 30–60 days. The H-1B proposal cleared OIRA in an unusually rapid timeline—likely expedited to capitalize on judicial ambiguity .

Read Also

• DHS Expands 9-11 Response Fee to All H-1B and L-1 Extensions, Raising Costs for Tech Giants

• United States: DHS Publishes Final Rule on Foreign National Registration Requirement – Key Clarifications and Exemptions Confirmed (June 29, 2026)

• US State Department Makes B-1/B-2 Visa Bond Program Permanent – Bond Amounts Increased to $20,000

Quick Reference Summary

Aspect	OPT Fee Proposal	H-1B Fee Proposal
Status	OMB review	OIRA cleared (Aug 19)
Potential Fee	$100,000	Amount unclear
Based On	Media reports	Regulatory filing
Legal Context	New rule	Related to enjoined $100K fee
Comment Period	30–60 days (when published)	30–60 days (when published)

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