$103,265 H-1B Fee and OPT Fee Proposals: Proposed vs Final

The proposed $103,265 H-1B fee

DHS published the proposed rule, Fee for Certain H-1B Petitions, on August 25, 2026. Comments closed on September 24, 2026.

The fee would be $103,265 per cap-subject petition, paid at filing. It would add to all other fees and payments.

USCIS says DHS expects about $8.8 billion a year, based on 85,000 projected cap-subject petitions.

Fisher Phillips explains the math. DHS divided about $8.78 billion in projected yearly costs by 85,000 fee-paying petitions.

USCIS says the money would help recover costs across several agencies. The Federal Register notice names DHS, Justice, State and Labor.

Who it would cover

It would cover all H-1B cap-subject petitions, including the advanced degree exemption. This differs from the $100,000 proclamation fee.

Fisher Phillips reports it would apply to new hires already in the US. That would include F-1 students changing to H-1B status.

It would not apply to cap-exempt petitions. USCIS names certain universities, nonprofit research organizations and government research organizations.

Fisher Phillips reports it would not generally apply to routine extensions or change-of-employer petitions for people already counted against the cap.

How it relates to the $100,000 fee

The $100,000 fee comes from a presidential proclamation. Courts have blocked its collection, and appeals are pending.

The $103,265 fee would come through formal rulemaking. The Federal Register notice says it would be on top of any proclamation payment.

We found no final rule as of October 18, 2026. No effective date has been set.

Does any fee apply when you move from OPT to H-1B?

Today, the $100,000 payment does not apply if USCIS grants your change of status from F-1, OPT or STEM OPT to H-1B inside the US. Courts have also blocked its collection as of October 2026. See the $100,000 fee guide.

The proposed $103,265 fee would change that if it becomes final as written. It would cover cap-subject petitions, including F-1 students changing status, Fisher Phillips reports.

The OPT fee proposal is separate. It would charge schools for OPT itself, not for your H-1B petition.

The proposed OPT fees

DHS published a proposed rule, Optional Practical Training Fees, on October 8, 2026. It is a proposal, not a final rule.

It would set two fees:

• $70,000 for a student's first OPT, whether pre- or post-completion.
• $30,000 for each later OPT, including the STEM OPT extension.

Schools certified by SEVP would pay, not students, according to Duane Morris and Envoy Global. A school official could not enter the OPT recommendation in SEVIS until payment.

USCIS could not approve the OPT work permit until the fee is paid. Duane Morris notes DHS acknowledges schools could pass costs to students or employers.

DHS estimates 2,478 affected schools and $8.4 billion to $16.5 billion in yearly fees, Duane Morris reports.

OPT timing and who is protected

Any final rule would take effect 60 days after it is published. Duane Morris reports students already on approved OPT, or recommended before that date, would be grandfathered.

The Federal Register lists November 9, 2026 as the comment deadline. One law firm alert listed November 7, so earlier is safer. The docket is ICEB-2026-0100 on regulations.gov.

What is final today

Nothing in either proposal is final. Current OPT and H-1B filing fees still apply.

Duane Morris expects legal challenges if the OPT rule is finalized. Fisher Phillips says a final H-1B fee rule can take several months after comments.

A proposed rule can change before it becomes final. DHS can raise, lower or drop a fee after reading comments. It can also change who is covered.

Be careful with social media posts that call these fees final. Check the Federal Register or USCIS for the current status.

Related changes: final vs proposed

Other H-1B rules moved in 2026 too. Here is which are final, as of October 21, 2026:

• Final: the $4,000 9-11 fee now applies to H-1B extensions for covered employers, effective September 9, 2026. It only covers employers with 50 or more US workers, more than half on H-1B or L-1.
• Proposed: a DOL rule from March 2026 would raise prevailing wage levels for H-1B and green card cases. No final rule has been reported.
• Proposed: DHS would end the 60-day grace period after a job loss. Comments run to about November 10, 2026.

What job seekers can do

If you are on OPT now, keep your status valid and track your end date. If you are a student, ask your school how it plans to handle the proposal.

Employers that already sponsor are the most likely to keep doing so. Check /h1b-sponsors and /h1b-jobs for companies that filed H-1B petitions in 2025.

This article is general information, not legal advice. Confirm your own situation with an immigration attorney.

Questions

Sources

• Federal Register: Fee for Certain H-1B Petitions, proposed rule (91 FR 54817)
• USCIS news release: DHS proposes additional H-1B fee
• Fisher Phillips: DHS proposes new H-1B fee through formal rulemaking
• Federal Register: Optional Practical Training Fees, proposed rule (91 FR 64566)
• Duane Morris: Homeland Security proposes $70,000 and $30,000 fees for F-1 OPT
• Envoy Global: DHS proposes significant new fees for F-1 OPT program
• USCIS: H-1B Specialty Occupations
• BAL: DHS final rule expands 9-11 biometric fee for covered employers to H-1B and L-1 extensions
• Duane Morris: DOL proposes significant increases to prevailing wage levels for H-1B and PERM
• Erickson Immigration Group: DHS proposes eliminating the 60-day grace period
• Congressional Research Service: H-1B Executive Actions in 2026 (IN12747, Oct. 14, 2026)

Read next

The $100,000 H-1B Fee: Who Pays and Who Doesn'tOPT to H-1B: Steps, Timeline and the $100,000 FeeH-1B $100,000 Fee Court Case: Where It Stands in 2026