DHS Proposes a $103,265 H-1B Fee: What OPT Students Should Know

What DHS Proposed—and What It Did Not Do

On August 25, 2026, DHS published a notice of proposed rulemaking for an additional $103,265 fee on H-1B petitions subject to the annual cap. The agency says the fee would be paid when the petition is filed and would be separate from other applicable fees or payments.

A proposal starts a rulemaking process; it is not the same thing as a final, effective requirement. The notice invites public comments through September 24, 2026. Until DHS completes the rulemaking process and establishes an effective rule, readers should not describe this as a fee that is currently payable.

Does the Proposed H-1B Fee Change OPT or STEM OPT?

No. The proposed rule concerns a potential employer filing fee for cap-subject H-1B petitions. It does not change the eligibility rules, filing windows, employment requirements, unemployment limits, or EAD validity rules for OPT or STEM OPT.

For an F-1 student, the practical issue is future sponsorship: a cap-subject employer may reassess its hiring plans if the proposal becomes final. That does not mean every employer will make the same decision, and it does not alter your current authorization to work on OPT.

Which H-1B Cases Would the Proposal Cover?

DHS states that the proposed fee would apply to all cap-subject petitions, including petitions counted against the U.S. advanced-degree exemption. Congress sets the annual numerical limits at 65,000 regular-cap visas plus 20,000 visas for certain beneficiaries with a U.S. master’s degree or higher.

The proposal states that it would not apply to H-1B petitions that are not subject to the cap. Its examples include certain nonprofit research organizations, governmental research organizations, and institutions of higher education. Whether a particular employer or petition is cap-exempt depends on the facts, so applicants should not self-classify from a job title or a company name alone.

• Potentially covered if finalized: regular-cap H-1B petitions
• Potentially covered if finalized: advanced-degree-exemption H-1B petitions
• Described as excluded: cap-exempt petitions, including the examples named in the proposal

What an OPT Student Can Do Now

Do not tell an employer that a $103,265 charge is already required. Instead, keep your own work authorization and graduation records organized, ask a recruiter whether the role has a history of H-1B sponsorship, and let the employer’s immigration counsel assess any future petition.

If you are choosing between a cap-subject and a potentially cap-exempt employer, confirm the organization’s status with the employer—not an internet list. If your case involves a pending change of status, cap-gap, prior H-1B time, or a nonprofit affiliation, consult qualified immigration counsel before relying on a general article.

1. Save your I-20s, EAD, I-94, and USCIS notices in one place.
2. Ask prospective employers factual questions about whether they sponsor H-1B petitions and who handles immigration filings.
3. Use public filing-history data as a research signal, not as a promise that an employer will sponsor you.
4. Watch the Federal Register docket for a final rule or other official agency update.

Why the Date and Status Language Matters

A large dollar figure makes fast headlines, but immigration reporting is useful only when it separates a proposal, a final rule, and a fee that is actually due. The Federal Register identifies this action as a proposed rule and provides the docket number USCIS-2026-0298 for comments and updates.

TrackMyOPT will update this page if DHS publishes a final rule, changes the proposed scope or amount, or announces a different effective date. Until then, the safest conclusion is straightforward: monitor the proposal, but follow the current OPT and H-1B rules that apply to your own case.