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.
