Is Trump Proposing a $100,000 Fee for OPT Work Authorization in 2026?
TL;DR: As of early August 2026, the White House was reportedly weighing a $100,000 fee on Optional Practical Training (OPT) work authorization for international students, using the same Section 212(f) presidential authority behind the H-1B $100K fee — but it had not been signed, and it no longer appeared on DHS's 2026 regulatory agenda, meaning its future is uncertain. Nothing has changed for current or upcoming OPT/STEM OPT applicants yet; this is a proposal under discussion, not a rule in effect.
What's Being Proposed
Reporting from Forbes and other outlets in late July and early August 2026 described a draft proposal that would impose a $100,000 fee tied to OPT employment authorization — the 12-month post-graduation work period for F-1 students, plus the 24-month STEM OPT extension for qualifying STEM degree holders. If implemented in a form resembling the H-1B fee, it would likely apply per employer sponsorship of OPT-based work rather than as a standard filing fee, effectively pricing most entry-level graduate hires out of reach for the employers who currently sponsor them.
Evidence: Status, Authority, and the H-1B Precedent
| Detail | Status as of August 2026 |
|---|---|
| Legal authority cited | Section 212(f) of the Immigration and Nationality Act — same authority used for the H-1B $100K proclamation |
| H-1B fee precedent | A federal judge ruled the $100,000 H-1B entry fee unconstitutional as an improper tax in June 2026; the administration has appealed |
| DHS regulatory agenda | The OPT fee proposal reportedly does not currently appear on DHS's published 2026 regulatory agenda |
| White House sign-off | Not confirmed as of early August 2026 — reporting describes it as "under discussion," not finalized |
| Effective date | None — no rule has been published or taken effect |
The key precedent to watch is the ongoing litigation over the H-1B $100,000 fee. A federal court already struck that fee down as exceeding presidential authority under Section 212(f), and the administration is appealing. Because the reported OPT fee proposal would rely on the identical legal theory, its viability is directly tied to how that appeal resolves — a loss for the administration there would make an OPT version much harder to implement via executive action alone.
Step-by-Step: What OPT/STEM OPT Holders and Applicants Should Do Right Now
- Don't change your F-1, OPT, or STEM OPT plans based on the proposal alone. No fee applies to any current or pending OPT/STEM OPT application as of this writing — the rule doesn't exist yet.
- Keep your SEVP/SEVIS record current by reporting employer information, address changes, and any employment gaps within the required 10-day window, since your underlying F-1 compliance obligations haven't changed.
- Track the H-1B fee appeal outcome, since a court ruling against the administration on the H-1B version would signal the same legal vulnerability for any OPT fee attempted the same way.
- If you're mid-STEM-OPT and approaching your H-1B decision point, talk to your DSO and an immigration attorney about timeline options (cap-gap, alternative visa categories) rather than assuming a worst-case fee will apply retroactively — proposed rules are not applied retroactively to already-issued EADs.
- Watch the Federal Register and DHS regulatory agenda directly rather than relying on secondhand reporting, since any actual proposed rule would go through a public notice-and-comment period before taking effect (unless issued as an interim final rule, which is also legally contestable).
- If a rule is eventually proposed, submit a public comment during the open comment period — past USCIS/DHS fee rules have drawn tens of thousands of comments, and organized advocacy (from universities, employers, and affected students) has shaped final outcomes before.
FAQ
Is the $100,000 OPT fee currently in effect? No. As of August 2026, it remains an unconfirmed proposal under internal discussion, not a published or effective rule.
Would this fee apply to STEM OPT specifically, or all OPT? Reporting describes it as targeting OPT-based work authorization broadly, which would include both standard 12-month OPT and the 24-month STEM OPT extension, but exact scope has not been finalized in any published rule.
How does this relate to the $100,000 H-1B fee? Both reportedly rely on the same Section 212(f) presidential proclamation authority. The H-1B version was struck down by a federal court in June 2026 as an unconstitutional tax, and that ruling is under appeal — the same legal exposure would likely apply to an OPT version attempted the same way.
What should international students do while this is unresolved? Continue normal SEVIS reporting and OPT/STEM OPT compliance, keep your DSO informed, and avoid making irreversible decisions (like leaving a job or the US) based on a proposal that hasn't been enacted.
Where can I verify if this becomes an actual rule? Check the Federal Register (federalregister.gov) and USCIS's official newsroom directly — those are the authoritative sources for any final or interim final rule, not secondhand social media summaries.
By Pinal Dave Last updated: August 4, 2026