Public comments flood US government websites over proposed H-1B, OPT fee hikes

DHS has proposed sharply higher charges for two routes used by international students and skilled foreign workers. The first proposal would charge US$70,000 for a student’s initial Optional Practical Training authorization and US$30,000 for each subsequent authorization. Schools would pay, but could pass costs to students or employers.

A separate proposal would require employers to pay US$103,265 for each new H-1B petition covered by the annual limit of 85,000 visas. H-1B visas are often sought by graduates after OPT, so the two fees could affect the same career pathway at different stages.

The proposals remain unsettled. The OPT comment period runs until November 9, while the H-1B comment period has closed and a final decision is pending. Public comments can force DHS to address concerns, but cannot require it to change the proposals.

The scale of the proposals is the central reason they have triggered worldwide debate. DHS would charge US$70,000 for a student’s first OPT authorization and US$30,000 for every subsequent one. Employers would pay US$103,265 for each new H-1B petition subject to the annual cap.

The OPT proposal had received more than 2,000 comments after publication on October 8. The H-1B proposal had received about 11,700 comments after its late-August release. These figures show much heavier participation in the H-1B debate, although both proposals affect people seeking to study, work, or remain in the United States.

The comment periods have different statuses. Comments on OPT remain open until November 9. The H-1B comment period has closed, and DHS is considering the feedback before making a final decision. Agencies must address concerns but need not adopt recommendations.

Optional Practical Training, or OPT, generally lets graduates with F-1 student status work in the United States for up to one year. Graduates in science, technology, engineering, and mathematics can receive extensions. OPT therefore connects classroom study with early professional work.

H-1B visas are for skilled foreign workers, and many people who begin working through OPT later seek them. An H-1B can provide a pathway to permanent residency, according to the article. The proposed fees would therefore hit both stages: schools and students during OPT, then employers during new H-1B petitions.

This pathway matters because international students may plan their education around the possibility of working afterward. Nearly 62,000 Chinese students took part in OPT during the 2024-2025 academic year. Higher fees could make that transition harder, while also affecting employers seeking trained graduates.

If the fees take effect, international students could face much higher costs when trying to work after graduation. Schools would pay the OPT charges but could pass them to students or employers. That could discourage graduates from using OPT or make US education less attractive.

Employers would directly face the proposed US$103,265 charge for each new cap-subject H-1B petition. Some might avoid sponsoring skilled foreign workers, reduce hiring, or seek other staffing options. Professional groups, including the American Hospital Association, have warned about impacts on healthcare workers.

The effect on American workers is contested. Supporters, including the US Society of Software Engineers, say the H-1B fee could protect American jobs. Critics argue the fees impose collective financial penalties on lawful graduates rather than targeting offenders. The final impact depends on whether DHS adopts, changes, or abandons the proposals.

OPT participation has grown dramatically. Official data cited by DHS shows about 99,000 OPT authorizations in 2015 and nearly 195,000 in 2024. That is an increase of roughly 96,000 authorizations, or almost a doubling over nine years.

STEM participation grew sharply too. STEM OPT authorizations rose from about 27,000 in 2015 to more than 95,000 in 2024. The article also reports that nearly 62,000 Chinese students took part in OPT during the 2024-2025 academic year, showing the program’s importance to a major international student group.

DHS points to this growth as part of the reason for stronger oversight. The proposed fees would apply as participation expands, potentially affecting more graduates, schools, and employers. Whether growth reflects legitimate demand, increased abuse, or both is central to the policy debate, but the article does not quantify alleged fraud.

DHS says the fees are needed to strengthen oversight as more F-1 student visa holders are recommended for OPT. Its spokesperson said the agency has encountered more schools, employers, and students involved in schemes that exploit current regulations for fraudulent purposes.

The article describes the suspected abuse broadly rather than listing specific schemes or confirmed case totals. DHS’s stated concern is that participants may use the OPT system improperly or fraudulently. The agency also wants officers to review each application to extend work visa status, including H-1B, instead of generally deferring to earlier approvals.

The proposals have drawn criticism because opponents say enforcement should target actual offenders. Commenter Hang Deng argued for investigations, employer verification, and enforcement rather than collective financial penalties on lawful graduates. A separate investigation into alleged J-1 visa fraud at nine universities adds to the administration’s wider immigration crackdown.

A visa is a government document or status category connected to entering or remaining in the United States for a stated purpose, such as study or skilled work. A visa alone does not necessarily authorize every kind of employment. The article refers to F-1 student visas, OPT, and H-1B visas as different parts of the system.

Permission to work is a separate authorization tied to a person’s immigration category and approved activity. OPT is work permission for eligible F-1 students after study, generally for up to one year, with STEM extensions. H-1B status permits qualifying skilled employment sponsored by an employer. These permissions can have specific limits and expiration dates.

Permanent residency is a more durable immigration status, commonly represented by a green card. It is not the same as a temporary visa or work authorization. The article says H-1B visas can provide a pathway to permanent residency, meaning a possible route, not an automatic result. This distinction reflects established US immigration terminology beyond the article’s detailed explanation.