DHS has begun the process to propose new regulations that could 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, while a proposed rule to impose a fee on certain H-1B petitions was received by OMB and cleared review on August 19. The actual fee amounts and affected categories remain confidential until formal publication.
What changed
DHS submitted two separate fee proposals: one concerning H-1B petitions (cleared by OMB on August 19) and one for OPT (submitted to OMB on August 20). The contents of the proposals will remain confidential until released for publication in the Federal Register, and neither proposal was included in DHS’s most recent regulatory agenda.
Recent media reports suggested that DHS may propose a $100,000 fee on applications for OPT, though this figure is speculative at this stage. The proposed H-1B fee may be related to the ongoing lawsuit against the presidential proclamation that established a previous $100,000 H-1B fee, which a federal court struck down in June 2026.
Why it matters
Fee proposals directly affect your cost calculations and client advice. If published as expected, DHS is expected to provide a public-comment period of 30 to 60 days once the rules appear in the Federal Register—giving practitioners, employers, and foreign nationals a window to raise concerns before finalization.
The potential new H-1B fee comes on top of other recent increases, including expansion of the $4,000 H-1B 9/11 Response and Biometric Entry-Exit Fee to certain extension-of-status petitions filed by covered employers (taking effect September 9, 2026), which applies to employers with at least 50 US employees where more than 50% of the workforce is in H-1B or L-1 status. Cumulative fee obligations may reshape H-1B and OPT economics for employers and students.
Way forward
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Monitor the Federal Register. Watch for the formal publication of both proposed rules; this will reveal exact fee amounts, effective dates, and applicability thresholds.
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Prepare client impact analyses. Once proposals publish, model the new fees against your current caseload—particularly for F-1 students entering OPT and employers filing H-1B cap-subject petitions.
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Engage in public comment. When the comment period opens, submit comments on behalf of affected clients or industry groups. Courts have cited voluminous practitioner input in prior immigration fee litigation.
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Track the appeal. The prior $100,000 H-1B fee is still under appeal; adverse court rulings may affect how new fees withstand challenge.
Disclaimer
This article is for informational purposes only and is not legal advice. articles.folaform.com is a technology platform operated by a software company, not a law firm. Immigration law is complex and subject to frequent change. Consult a licensed immigration attorney in your jurisdiction before making filing or advisory decisions. Verify all information against the primary source linked above, as DHS policy can change without notice or advance warning.