$100,000 fee to work in the US after graduation? What students need to know

White House review is complete, but the fee is not yet final; Indian students can still use existing post-study work rules

A proposal that could substantially increase the cost of Optional Practical Training (OPT) for international students has cleared the White House regulatory review stage, bringing it closer to formal publication.

 

The Department of Homeland Security's (DHS) Immigration and Customs Enforcement (ICE) submitted the proposal, titled "Optional Practical Training Fees", to the White House Office of Information and Regulatory Affairs (OIRA) on August 20.

 

OIRA completed its review on September 11, according to the federal regulatory record.

 

However, Indian students should not assume that they now have to pay $100,000. The OIRA record does not disclose the proposed fee amount. The $100,000 figure has emerged from media reports and has not been confirmed in published rule text.

  

What does OIRA clearance mean?

 

OIRA review is an important step before a proposed regulation can be published. With the review completed, DHS can move towards issuing a Notice of Proposed Rulemaking in the Federal Register.

 

That publication would provide the information currently missing, including the proposed fee, who would be responsible for paying it, possible exemptions and the deadline for public comments.

 

The proposal is also classified as an economically significant rule, indicating that the US government expects it could have a substantial economic impact.

 

Importantly, OIRA clearance does not make the proposal law. DHS would still have to consider public comments before deciding whether to issue a final rule.

 

Why OPT matters to Indian students

 

OPT is a major route through which F-1 international students gain work experience in the US after completing their studies. Eligible students can generally receive up to 12 months of post-completion OPT in a job directly related to their field of study.

 

Students who meet the requirements for STEM OPT can seek an additional 24 months, taking the potential period of employment to three years.

 

For many Indian graduates, this period is particularly important because it provides time to gain US work experience and potentially move towards longer-term employment sponsorship, including the H-1B route.

 

A six-figure fee could therefore change the economics of studying and working in the US, depending on who ultimately bears the cost.

 

Who will pay the proposed fee?

 

This remains one of the biggest unanswered questions.

 

The publicly available regulatory information does not specify whether the cost would fall on students, universities, employers or another party. Universities have already warned that the reported figure could create significant financial pressure if institutions were required to bear it.

 

If students have to pay, the proposal could make post-study employment prohibitively expensive for some graduates. If employers or universities have to pay, it could instead affect hiring decisions or the willingness of institutions to enrol international students.

 

What Indian students should do now

 

There is no new $100,000 OPT payment to make at present. The existing OPT process remains in place, with current filing fees unchanged for now.

 

Students planning to study or graduate in the US should therefore avoid making decisions based solely on the reported $100,000 figure.

 

The next important development will be publication of the proposed rule in the Federal Register. Only then will students know the actual proposed amount, the categories covered, who would pay and whether any transition arrangements or exemptions are included.

 

Until those details are formally published, the reported $100,000 figure should be treated as a proposal under consideration, not as a fee currently applicable to foreign students.