Will F-1 OPT holders have to pay $100,000 visa fee? Immigration lawyer answers
A lawyer some of the most frequently asked questions about the new H-1B rule, including one pressing concern among international students.
Donald Trump’s announcement about new H-1B visa applications attracting a $100,000 fee has led to much confusion among immigrant workers in the United States. The US president on Friday signed a proclamation declaring a 100,000 USD fee on all H-1B visa applications. It was a decision that raised concerns among tech companies, with many advising their H-1B employees to return to the United States before September 21.
Although the White House has since issued a clarification stating that the fee will apply only to new applicants, not renewals or current visa holders, questions still remain.
India-born Deedy Das, a partner at California-based Menlo Ventures, spoke to an immigration lawyer about what the $100,000 fee could mean for current and future H-1B visa holders.
(Also read: Who is Deedy Das? Ex-Google and Facebook techie becomes partner at Menlo Ventures)
“I spoke to immigration lawyer Sophie Alcorn for an hour to answer the most pressing questions about the new $100k H-1B fee,” Das posted on X.
Alcorn answered some of the most frequently asked questions about the new rule, including one pressing concern among international students who are in the US on an F-1 visa – can a person on an F-1 OPT applying for an H-1B lottery next year expect their employer to pay $100,000?
What is F-1 OPT?
F-1 Optional Practical Training (OPT) is a temporary employment benefit for F-1 international students in the United States. It is a 12-month authorization to work in the US and gain work experience directly related to their field of study.
{{/usCountry}}F-1 Optional Practical Training (OPT) is a temporary employment benefit for F-1 international students in the United States. It is a 12-month authorization to work in the US and gain work experience directly related to their field of study.
{{/usCountry}}Unlike an H-1B visa, an F-1 OPT is not a work visa but a temporary extension of a student’s F-1 status that allows recent graduates to gain practical work experience in their field of study, usually for up to 12 months (with an additional 24-month STEM extension for eligible degrees).
If I'm on F-1 OPT and am applying for the lottery next year, will my employer have to pay the fee?
{{/usCountry}}Unlike an H-1B visa, an F-1 OPT is not a work visa but a temporary extension of a student’s F-1 status that allows recent graduates to gain practical work experience in their field of study, usually for up to 12 months (with an additional 24-month STEM extension for eligible degrees).
If I'm on F-1 OPT and am applying for the lottery next year, will my employer have to pay the fee?
{{/usCountry}}According to immigration lawyer Sophie Alcorn, they might have to.
{{/usCountry}}According to immigration lawyer Sophie Alcorn, they might have to.
{{/usCountry}}“They likely will, but interpreting the EO as is, it may not apply unless you actually leave the country. It is only checked on entry,” Alcorn explained to Das.
{{/usCountry}}“They likely will, but interpreting the EO as is, it may not apply unless you actually leave the country. It is only checked on entry,” Alcorn explained to Das.
{{/usCountry}}More about the H-1B fee
The US Citizenship and Immigration Services (USCIS) clarified that the USD 100,000 fee on H-1B visa applications will only apply to the new applicants and not to the petitions submitted prior to September 21.
White House Press Secretary Karoline Leavitt also stated that the USD 100,000 fee on the H-1B visa application is a one-time fee, clarifying the misconception that it is an annual fee.
"To be clear: This is NOT an annual fee. It's a one-time fee that applies only to the petition. This applies only to new visas, not renewals, and not current visa holders," Karoline Leavitt said in a post on X.
