United States: DHS to Propose New H-1B and OPT Fees
August 21, 2026
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At a glance
- DHS has initiated the process to propose new regulations concerning additional fees on the H-1B and F-1 optional practical training (OPT) programs. Though details will not be known until the proposals are released for publication and feedback, it is possible that the proposed fees could be significant.
- Once the proposals are published in the Federal Register, DHS will accept public comments for 30 or 60 days.
The issue
The Department of Homeland Security has begun the process to propose new regulations that could, if implemented, impose new fees on the H-1B and F-1 optional practical training (OPT) programs. A proposed OPT fee rule was sent to the Office of Management and Budget (OMB) on August 20 and is now under review. A proposed rule to impose a fee on certain H-1B petitions was received by OMB and cleared review on the same day, August 19.
The contents of the proposals will remain confidential until released for publication in the Federal Register. Neither proposal was included in DHS’s most recent regulatory agenda. However, recent media reports suggested that DHS may propose a $100,000 fee on applications for OPT. The proposed H-1B fee may be related to the ongoing lawsuit against the presidential proclamation that established the now-vacated $100,000 fee on certain H-1B petitions.
Both the H-1B and F-1 classifications have been the focus of significant regulatory action. Most recently, DHS announced the expansion of a fee that petitioners with a high volume of H-1B and L-1 employees must pay, among other changes affecting the H-1B program. The F-1 foreign student program is, along with the J-1 exchange visitor program and the I foreign media representative program, the subject of a regulation that will assign a fixed period of stay to program participants and impose additional compliance obligations; that regulation is being challenged in federal court.
What’s next for the fee proposals
Once the proposed OPT fee regulation clears federal review, it will be published in the Federal Register with a public comment period of 30 to 60 days. It would not take effect until DHS gives a meaningful review of the feedback it receives and publishes a final regulation with a specific implementation date.
The proposed H-1B fee rule cleared federal review on the same date it was submitted to OMB – an unusually rapid timeline. As with the proposed OPT fee rule, the next step would be publication for public feedback under a similar 30- to 60-day timeline. Likewise, it would not take effect without DHS review of comments and publication of a final rule with an implementation date.
When the proposals are published, the views of employers will be important to advise DHS about the impact on the business community. Fragomen’s Government Strategies Group is available to assist organizations interested in submitting comments.
This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.
