November Relaunch: Opening on 1st November
Xender Facebook logo Linkedin logo Instagram logo Youtube logo
  (+1) 413 400 3003
WhatsApp
WhatsApp Message
Perplexity ChatGPT Claude Gemini

Do F-1 OPT Holders Need to Pay $100,000 Visa Fee? EB1 Experts Answer

Perplexity ChatGPT Claude Gemini
Do F-1 OPT Holders Need to Pay $100,000 Visa Fee? EB1 Experts Answer

The recent announcement by the USCIS on $100,000 has stirred much confusion and chaos. The tech employees have panicked and the companies issued alerts regarding travels. Though the USCIS has later posted an official update that ameliorated the confusion to some extent, the question whether the F-1 OPT holders need to pay the fee, still lingers in confusion and uncertainty.

This is because the USCIS newsroom update did not say anything specifically and exclusively about the F-1 OPT holders. This is exactly where, as one of the leading EB1 experts, we have stepped in to provide clarity about the situation. Let’s tune in and take a closer look into the entire situation.

What is F-1 OPT?

OPT stands for Optional Practical Training. It is a temporary employment benefit for the F-1 international students in the United States. It usually consists of a 12-month authorization to work in the US and gain relevant experience in your field of study.

Here is an important reminder: the F-1 OPT is not a work visa like the H-1B. It is actually a temporary extension of a student’s F-1 status which empowers the graduates to gain practical experience in their field of study.

So where does the F-1 OPT category stand with respect to the recent visa fee?

Recently, some lights have been shed on this very issue from an external source. Indian-origin Deedy Das, a partner at California-based Menlo Ventures, has recently discussed this very issue with immigration lawyer Sophie Alcorn. Later, he posted on X about this discussion

Among all the questions addressed, Alcorn answered this scarcely touched topic about F-1 OPT. For instance, does a person on an F-1 OPT applying for an H-1B lottery next year, need to have their explorers to pay $100,000 on their behalf? Well, it is a mouthful of a question. And, as you can expect there are already many legal nuances involved in between.

In simpler terms, if you are asking: I am on F-1 OPT, and going to apply for the lottery next year, will my employer have to pay the fee?

According to Alcorn: ‘They might have to.’ However, there is still a glimmer of hope to be discerned in Alcorn’s words as she has remarked: “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.”

Here is the complete FAQs:

$100k H-1B fee Frequently Asked Questions

Answered by prominent immigration lawyer Sophie Alcorn as of Sep 20 7pm PT

1. I have an approved H-1B but haven’t had it stamped yet. What should I do?

The fee likely does not apply to you, but you should probably not risk travelling outside the US for a stamping for the next week and let things settle down.

2. Does this apply to H-1B renewals past 3 years?

It likely does not.

3. Does this apply to H-1B transfers to another company?

It likely does not.

4. If I’m not in the US and on H-1B, do I need to be back by Sep 21, 2025?

The Press Secretary clarified “H-1B visa holders can leave and re-enter the country to the same extent as they normally would; whatever ability they have to do that is not impacted by yesterday’s proclamation.” but lawyers advise that it would be wise to not leave the country unless after things settle down in the next week.

5. Is this a recurring fee?

No, it is likely a one-time fee according to the Press Secretary but we expect there to be changes to the language to clarify these points in the coming days.

6. Does it apply to cap-exempt H-1Bs?

Yes, it likely does.

7. If I’m on F-1 OPT and am applying for the lottery next year, will my employer have to pay the fee?

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.

8. If my spouse is on an H-4 and planning to travel to the US, will they be affected?

Likely not.

At GCEB1, our EB-1A green card consultancy is constantly staying abreast of all the changes in the immigration landscape. Bookmark our blog section to get timely updates about immigration news. For personalized consultation on permanent residency in the U.S., get in touch with us today.

Recent Post
How to Track Your I-140 Case Status Using USCIS Receipt Number
How to Track Your I-140 Case Status Using USCIS Receipt Number

After filing Form I-140, one of the most common questions employment-based immigrants ask is simple: “What’s happening with my case?” Whether you have applied independently or through an EB-1A green card consultancy, you will have to go through this form for your EB-1A green card application.

How AI-Generated Research Could Affect EB-1A Academic Cases
How AI-Generated Research Could Affect EB-1A Academic Cases

Without a pinch of doubt, it can be asserted that artificial intelligence is rapidly transforming the academic world. Tools powered by large language models (LLMs) are now widely used to summarize literature, generate drafts of research papers, and more. While these technologies increase efficiency, they also introduce new risks that may directly affect immigration cases based on academic achievements. For instance, the EB-1A extraordinary ability visa has a major criterion for published materials. The recent rise in AI-written papers will also directly influence evaluation yardsticks set by the U.S. Citizenship and Immigration Services (USCIS).

New US Social Media Vetting Rule Spreads Panic and Stalls Visa Appointments
New US Social Media Vetting Rule Spreads Panic and Stalls Visa Appointments

At GCEB1, we have already covered the new social media vetting rule implemented by the USCIS. However, its impact could be felt far and beyond, causing panic and freezing visa appointments.

Trump Bans The Entire ‘Third World’ Migration: All Your Queries Answered
Trump Bans The Entire ‘Third World’ Migration: All Your Queries Answered

A big breaking news has erupted everywhere as Donald Trump vows to permanently pause all migration from Third World Countries. However, though the announcement is sharp and point-blank, much remains unclear so far.

Same Courthouse, Opposite Answers: Nebraska Judge Upholds the EB-1A “Final Merits” Test
Same Courthouse, Opposite Answers: Nebraska Judge Upholds the EB-1A “Final Merits” Test

The “final merits determination” is the last step in USCIS’s review of an initial EB-1A petition, and it has drawn a string of legal challenges. In January, a federal judge in Nebraska ruled that USCIS had unlawfully adopted it. Last month, a judge in the same district reached the opposite conclusion in Agarwal v. Miller, according to a report by Manifest Law on October 20, 2026. Here our EB1A consultants have analyzed and discussed these two contradictory legal verdicts and what they mean for the eb-1a green card applicants.
Trump Administration Revokes Hundreds of Visas, Alleging Global Birth Tourism Networks
Trump Administration Revokes Hundreds of Visas, Alleging Global Birth Tourism Networks

The Trump administration has launched its most aggressive enforcement action yet against so-called birth tourism. Last Wednesday, the administration revoked hundreds of visas and claimed to have dismantled organized networks spanning West Africa, North Africa, and Europe. According to the authorities, these networks allegedly helped foreign nationals travel to the United States to give birth and secure American citizenship for their children.
Why Are So Many H-1B Visa Holders Stuck in India?
Why Are So Many H-1B Visa Holders Stuck in India?

Over hundreds of Indian professionals on H-1B visas are stranded in India after their visa appointments were abruptly cancelled and postponed. They are currently unable to return to their jobs after travelling to India for visa renewals this month.

DHS Moves to End “Deference” on Work Visa Extensions: How Could It Affect H-1B Indian?
DHS Moves to End “Deference” on Work Visa Extensions: How Could It Affect H-1B Indian?

On October 14, 2026, the Department of Homeland Security (DHS) published a proposal that could make every work visa extension feel like a first-time application. USCIS proposes to remove 8 CFR 214.1(c)(5), a rule that generally tells officers to defer to a prior approval involving the same facts when reviewing an extension. Comments are due November 13, 2026, under Docket No. USCIS-2026-0529. Nothing changes yet, because deference stays in place unless DHS issues a final rule. As always, our EB-1A experts have presented a detailed breakdown of the new proposed policy in clear language.
H-1B Visa Stamping Delays Still Continue in India: When Could You Get Slots in 2026
H-1B Visa Stamping Delays Still Continue in India: When Could You Get Slots in 2026

Indian professionals who are seeking to enter or return to the United States on an H-1B visa are facing unprecedented challenges. Interview dates at U.S. consulates across India, once relatively predictable, are now pushed into 2027. This phenomenon has transformed routine visa stamping into a long-term career obstacle for high-skilled workers.
Could U.S. Citizenship Change Forever? Trump’s Push to Strip Citizenship from Some Foreign-Born Americans
Could U.S. Citizenship Change Forever? Trump’s Push to Strip Citizenship from Some Foreign-Born Americans

In late December 2025, The Independent reported that the Trump administration is advancing plans that could significantly reshape U.S. citizenship policy. This development marks one of the most consequential shifts in U.S. immigration policy in decades, as it has touched on constitutional rights and sparked intense legal debate. The report suggests that the administration is gearing up to strip more foreign-born Americans of their citizenship.