First H-1B, now OPT: How US is using $100,000 fee to curb legal migration

Months after a federal court struck down US President Donald Trump’s $100,000 fee on H-1B visa, the president and his administration is reportedly mulling to implement that fee elsewhere — on foreign students looking to work in the US.In 2024, around 419,000 foreign students were working under the OPT programme in the US. (AI generated image)According to a report by the Wall Street Journal, the Trump administration is considering attaching a hefty fee of $100,000 on the dream of the foreign students who graduate from American universities to work in the US.This fee would be attached to the Optional Practical Training programme (OPT) which provides temporary employment that is directly related to an F-1 student’s major area of study, according to the report. Under the OPT programme, students can work after graduation in the US for between one and three years on their student visa, depending on their course.Also read: US plans $100k fee for foreign graduates seeking jobs, 360,000 Indian students likely to be hit: ReportThe move, much like the proposed fee on the H-1B visa which did not go through eventually, is expected to hit the American dream of several Indian students seeking to study and work in the US. The move could impact over 360,000 Indian students in America.In 2024, around 419,000 foreign students were working under the OPT programme in the US, the WSJ report said.Another shake up in Silicon Valley?Last year, the Trump administration dramatically hiked the fee for H-1B work visas to $100,000, leading to a stir in the silicon valley where firms hire hundreds of employees on the program, including Indians.However, in a big win for the H-1B seekers and the firms hiring foreign nationals for specialised roles, the fee was struck down by a federal judge in Boston in June. The US government was not allowed to collect the H-1B fee by an appeals court in Boston last week.Now, if the new $100,000 fee on OPT is enacted, Silicon Valley may have to brace itself for another setback and several firms there hire foreign students for technical roles. It would also severely impact the universities which rely on foreign students for revenue.How the new fee could hurt H-1B dreams, againThe new fee, if enacted, could impact top IT and finance firms which look to top American universities to hire employees and convert their stay permits from student visa to H-1B visa. However, it is not yet clear whether the students will be required to pay the fee or the students seeking employment.The $100,000 fee is in effect a way to pursue what Trump wanted to do with the H-1B visa last year, but could not.However, it is still under consideration and nothing is confirmed yet.“No policies should be considered final until formally announced. At DHS we are always having conversations about how to use all tools in our arsenal to protect the integrity of our legal immigration system,” a spokesperson for the Department of Homeland Security was quoted as saying in the report.Earlier this month, the US updated its visa policy for foreign students, making it necessary for them to seek an extension of their visa to use their OPT.