If you are an international student on an F-1 visa planning to use Optional Practical Training after graduation, there is a development you need to be aware of immediately. The Trump administration is reportedly planning to introduce new regulations that would include a $100,000 fee for OPT, the one-year work authorization period that allows F-1 graduates to gain practical experience in their field of study in the United States. The regulations have not been officially released yet, but the reports and signals coming from within the administration are serious enough that every student with OPT in their future plans needs to understand what may be coming and how to prepare.
What is OPT and why does it matter so much to international students?
Optional Practical Training is a period of authorized employment in the United States that is available to F-1 students following the completion of their degree program. Standard OPT provides up to 12 months of work authorization. For students who graduate with STEM degrees, science, technology, engineering, and mathematics, an additional 24-month STEM OPT extension is available, providing up to three years of total work authorization after graduation.
OPT is critically important to the international student community for several reasons. It allows graduates to gain work experience in the United States, which is often a prerequisite for pursuing longer-term work visa options like the H-1B. It allows employers to evaluate international candidates in a working environment before committing to sponsoring a work visa. And for many international students who invested years in U.S. education, OPT represents the bridge between completing their studies and building a career in the United States.
A $100,000 fee for OPT would effectively eliminate this pathway for virtually all international students. Most students and employers would not have $100,000 in available funds. Even those with family support would find this amount prohibitive. The practical effect would be to shut down OPT as a functioning program for the overwhelming majority of the students it currently serves.
Has this regulation been officially announced?
No. As of the time this is being written, the exact text of the proposed regulation has not been officially released. What exists are reports and signals from within the administration indicating that this fee structure is being considered as part of a broader set of regulatory changes to the student visa and work authorization system. It is not yet law, it is not yet a final rule, and it has not yet gone through the formal notice and comment rule-making process that federal regulations are generally required to follow.
This means that the situation is developing and the details may change between what is being reported now and what ultimately gets proposed or finalized. Acting on incomplete information by making major immigration decisions based on rumored regulations is not advisable. The right approach is to stay informed as the situation develops and to have an immigration attorney who can advise you quickly when the actual regulatory text is released.
Will this regulation survive legal challenges?
Based on the track record of similar aggressive regulatory moves under the current administration, a $100,000 OPT fee would almost certainly face immediate and significant legal challenges. Courts have already blocked the Trump administration’s attempt to charge a $100,000 fee for H-1B visa processing and have more recently issued an order blocking the sweeping F-1 student visa rule changes that included the elimination of duration of status. A $100,000 OPT fee would be subject to the same kinds of legal arguments that have succeeded in blocking prior administration actions, including arguments about arbitrary and capricious rulemaking, violation of the Administrative Procedure Act, and the practical impossibility of implementing a fee structure that would eliminate a congressionally authorized program.
That said, the legal challenge process takes time. There would be a period between when the regulation is proposed or finalized and when a court issues an injunction blocking it during which the regulatory landscape would be uncertain. For students planning their post-graduation timelines, that uncertainty is itself a problem regardless of how the litigation ultimately resolves.
What should F-1 students do right now?
The most important thing to do right now is wait for the official regulatory text before making any major decisions based on what is currently being reported. Do not panic and do not make irreversible immigration decisions based on rumors and reports that may or may not accurately reflect what the final regulation will say or when it will take effect.
At the same time, being prepared is not the same as panicking. Students who are approaching graduation and who have been planning to use OPT should be in close contact with an immigration attorney who is monitoring these developments in real time. When the regulation is released, the window to understand its implications and make informed decisions about timing, alternative pathways, and legal challenges may be narrow.
Do not rely solely on your school’s Designated School Official for guidance on this issue. DSOs play an important role in student visa administration but they are not immigration attorneys and they may not be positioned to advise you on the legal nuances of a rapidly evolving regulatory situation. Having your own immigration attorney who can advise you based on your specific circumstances is more important than ever in the current environment.
If you have already applied for OPT or are in the middle of an OPT period, there is no immediate action required. The proposed regulation has not taken effect and you are protected by the existing rules for now. Stay informed and be prepared to act quickly if the situation changes.
What is the bottom line?
The administration is signaling aggressive changes to the student visa and work authorization system and OPT is in their sights. Courts have been blocking these changes but the fight takes time and the uncertainty itself creates real disruption. Stay informed, have legal representation you can consult quickly, and be prepared to move fast when the situation becomes clearer.
Download our free Ultimate Naturalization Guide for Citizenship at JQKLaw.com/citizenship, join Attorney John Khosravi, Esq. live every Tuesday at 4 PM PT / 7 PM ET on YouTube, LinkedIn, Instagram, and TikTok for a free Q&A, or book a one-on-one consultation at JQKLaw.com/contact.
