The United States US Department of Homeland Security (DHS) has moved forward with proposals that could introduce major new fees for certain H-1B work visa petitions and F-1 Optional Practical Training (OPT) applications.
The proposals are currently moving through the federal review process and have not yet become final regulations. If approved, the measures could significantly increase costs for some foreign workers, international students and employers.
A proposed rule concerning OPT fees was submitted to the Office of Management and Budget (OMB) for review on August 20. Separately, a proposal covering fees for certain H-1B petitions was submitted on August 19 and reportedly cleared federal review the same day.
OPT Fee Could Reach $100,000
Details of the proposals remain confidential and are expected to become available once the measures are published in the Federal Register.
According to reports, DHS could propose an OPT application fee of as much as $100,000. However, the exact amount has not been officially confirmed by the US government.
If such a fee is ultimately introduced, it could have a major impact on international students who rely on OPT to gain temporary work experience in the United States after completing their studies.
The OPT program allows eligible international students to obtain work authorization related to their field of study. Any significant increase in associated costs could therefore affect students and employers considering participation in the program.
H-1B Fee Proposal Also Moves Forward
The DHS has also advanced a separate proposal involving fees for certain H-1B petitions.
The proposed measure may be connected to an ongoing legal dispute over a presidential proclamation that introduced a $100,000 fee for certain H-1B petitions. That measure is currently blocked by a court.
The latest proposal comes as the H-1B program continues to face broader regulatory changes affecting employers and foreign workers.
DHS has recently expanded a fee applicable to petitioners that employ large numbers of H-1B and L-1 workers, alongside other changes involving the H-1B system.
More Changes Planned for Student Visas
The F-1 student visa program is also facing separate regulatory changes.
Another proposed regulation covers F-1 students, J-1 exchange visitors and I-category foreign media representatives. The measure would establish a fixed period of authorized stay and introduce additional compliance requirements.
That rule is currently being challenged in federal court.
The latest OPT fee proposal is expected to be published in the Federal Register after completing the required federal review process. The H-1B proposal, which has already completed that stage, is also expected to move toward publication.
Fees Will Not Take Effect Immediately
Despite reports about potentially massive new fees, the proposed charges will not take effect immediately.
Once the proposals are published, they are expected to go through a public comment period that could last 30 or 60 days.
DHS would then review feedback from the public and relevant stakeholders before deciding whether to issue final regulations.
Any final rule would also include an implementation date, meaning applicants and employers would have time to understand the new requirements before they become effective.
For now, the reported figures remain proposals rather than confirmed fees, and international students, workers and employers should wait for official details before making decisions based on the reported amounts.
Also read: Australia Modifies Student Visa Policies
