The U.S. Department of Homeland Security (DHS) has initiated the process of proposing new fees affecting the H-1B and F-1 Optional Practical Training (OPT) programs. Although the details of the proposed fees have not yet been publicly released, the developments could have significant implications for employers, foreign workers, and international students.
At a Glance
- DHS submitted the proposed OPT fee rule to OMB on August 20, 2026.
- A separate H-1B fee proposal cleared OMB review on August 19, 2026.
- Media reports suggest the proposed OPT fee could be as high as $100,000, although DHS has not confirmed the amount.
- The specific details will remain confidential until the proposals are published in the Federal Register.
Proposed F-1 OPT Fee
DHS submitted a proposed regulation concerning fees associated with the F-1 OPT program to OMB on August 20, 2026. The proposal is currently undergoing federal review. While the actual fee amount and scope of the proposal have not yet been disclosed, recent media reports have suggested that DHS may be considering a fee of up to $100,000 for certain OPT applications.
At this stage, the reported amount should be treated as unconfirmed until DHS publishes the proposed regulation in the Federal Register. If implemented, a significant new OPT fee could substantially affect U.S. employers that rely on international students and recent graduates, as well as foreign nationals seeking to obtain or extend employment authorization through OPT or STEM OPT.
Proposed H-1B Fee
A separate DHS proposal concerning an H-1B fee completed OMB review on August 19, 2026. The proposal may be connected to ongoing litigation and recent regulatory developments surrounding the presidential proclamation that established a $100,000 fee for certain H-1B petitions. The previously announced fee has been subject to significant legal challenges, and a federal court has enjoined its implementation.
The scope and amount of any new H-1B fee proposed by DHS will not be known until the proposed regulation is officially published.
What Happens Next?
The OMB review is an important step in the federal rulemaking process, but neither proposal is currently a final regulation. Once DHS completes the required review process, the proposed rules are expected to be published in the Federal Register. Publication would generally initiate a public comment period, during which employers, immigration attorneys, universities, industry organizations, and other stakeholders may submit comments concerning the proposed fees and their potential economic and practical impact.
DHS would then be required to review the comments before issuing a final rule. A fee would not become effective merely because a proposal has been submitted to or cleared OMB. Accordingly, no new OPT or H-1B fee should be treated as currently effective based solely on these developments.
Potential Impact on Employers and Foreign Nationals
If substantial new fees are ultimately implemented, they could have significant consequences for:
- Employers sponsoring H-1B workers;
- International students seeking OPT or STEM OPT employment;
- Universities and educational institutions;
- Employers that regularly hire recent U.S. graduates;
- Companies with significant H-1B or F-1 populations; and
- Foreign nationals planning employment-based immigration strategies.
Employers should also distinguish these proposed fees from existing H-1B and immigration filing fees, which remain applicable unless and until DHS changes them through a legally effective regulation.
Our Takeaway
The August 19 and August 20 developments represent an important step in DHS’s efforts to modify the cost structure associated with the H-1B and F-1 programs. However, the reported fee amounts and specific requirements remain unconfirmed until DHS publishes the proposed regulations.
Employers and foreign nationals should avoid making immediate immigration decisions based solely on media reports. The actual proposed regulations will need to be reviewed carefully to determine:
- Which petitions or applications would be subject to the new fees;
- The proposed fee amounts;
- Whether any exemptions or exceptions would apply;
- When the proposed fees would become effective, if finalized; and
- Whether the proposals could face legal challenges.
We will continue to monitor these developments and provide updates when DHS publishes the proposed regulations in the Federal Register. If you have questions about how this may affect your organization or immigration matters, or if you would like a case-specific assessment, please book an appointment here.
This alert is for informational purposes only and does not constitute legal advice.