Key facts
- The Department of Homeland Security proposed a new fee of $103,265 for cap-subject H-1B petitions.
- A proposed fee of $70,000 for initial Optional Practical Training (OPT) and $30,000 for subsequent OPT has been proposed.
- The proposed H-1B fee is intended to cover funding needs for immigration processes.
- The Niskanen Center argues the proposed H-1B fee is not supported by evidence and cites a decrease in H-1B registrations.
- Kana Liu, a visa holder, expressed opposition to the proposed OPT fees, citing undue barriers.
The U.S. government's websites have been inundated with public comments regarding proposed fee increases for H-1B petitions and Optional Practical Training (OPT) programs. The Department of Homeland Security (DHS) has put forth a rule that would introduce a substantial fee of $103,265 for cap-subject H-1B petitions, aiming to cover the funding needs of various immigration agencies.
In addition to the H-1B proposal, DHS has also suggested fees for international students working in the U.S. after graduation under OPT, with initial fees potentially reaching $70,000 and subsequent fees at $30,000. These proposals have drawn significant criticism from individuals and organizations concerned about their impact on attracting and retaining international talent.
Kana Liu, a Chinese Canadian on a work visa, expressed strong opposition to the proposed OPT fees, stating they create "undue barriers." Similarly, the Niskanen Center, a public policy organization, submitted comments highlighting perceived shortcomings in the H-1B proposal. The center argued that the revenue projections for the H-1B fee are not supported by evidence, pointing to a decrease in H-1B registrations for the FY 2027 lottery compared to FY 2026, potentially indicating employer reluctance to pay such high fees.