October Relaunch: Opening on 1st October
Xender Facebook logo Linkedin logo Instagram logo Youtube logo
  (+1) 469 463 5461
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
OPT Protection Bill Surfaces in The U.S: Relief for Indian Students in Post-Study Programme?
OPT Protection Bill Surfaces in The U.S: Relief for Indian Students in Post-Study Programme?

A recently proposed OPT protection bill, introduced by a bipartisan group of US lawmakers is ushering a light of hope for over 1.43 lakh Indian students about to join post-study work programme in the U.S. OPT or Optional Practical Training is a legal pathway used by thousands of international students to enter salaried work career in the U.S. This bill emerged in the background of increasing uncertainty over post-study employment rules.
H-1B & H-4 Visa Holders Facing Prudential Visa Revocation: All You Need to Know
H-1B & H-4 Visa Holders Facing Prudential Visa Revocation: All You Need to Know

A handful of H-1B and H-4 visa holders in the US are reportedly receiving emails from the consulate stating their visas have been prudentially revoked. This is happening almost concurrently with the postponement of H-1B visa interviews. Generally, these emails have caused quite a lot of stir and panic among the applicants. Many visa holders have found it difficult to make sense of the phrase: ‘Prudentially revoked.’
Leaving the US on Advance Parole? A New Ruling Could Cost You 10 Years
Leaving the US on Advance Parole? A New Ruling Could Cost You 10 Years

Previously, immigrants with pending green card applications treated Advance Parole as a reasonably safe way to travel abroad and come back. That assumption no longer holds. A new ruling from the Board of Immigration Appeals (BIA) has stripped away a protection that families, DACA recipients, and adjustment-of-status applicants relied on since 2012. It could now mean walking straight into a three- or ten-year bar on returning to the United States.
US Ends Interview Waiver (Dropbox) for Visas: A Turning Point for Indians Abroad
US Ends Interview Waiver (Dropbox) for Visas: A Turning Point for Indians Abroad

From September 2, 2025, the United States will roll back its Interview Waiver Programme, commonly known as the “Dropbox” facility, for most non-immigrant visas.
“Gold Card” US Visa Explained: Will the Indians-Origin-Immigrants Get Impacted?
“Gold Card” US Visa Explained: Will the Indians-Origin-Immigrants Get Impacted?

The ‘Gold Card’ has emerged as a new allure to investors. But can it replace the EB-1A visa system? Dive in to know.
Am I Eligible for EB-1A? A Self-Assessment Guide
Am I Eligible for EB-1A? A Self-Assessment Guide

We all know that permanent residency through the eb1a green card is the most demanding immigration pathway. Hence, before you invest months into building a case, it helps to run an honest self-check against the EB1 green card criteria. The EB-1A category rewards documented achievement, not job titles or years of experience alone, which is exactly why so many strong candidates underestimate themselves. Likewise, others also overestimate a resume that looks impressive but won't survive the USCIS scrutiny. This guide walks through the eb1 category requirements step by step so you can gauge where you stand.

Indian Tourists Are Exempted from U.S. Social Media Vetting: Know in Details
Indian Tourists Are Exempted from U.S. Social Media Vetting: Know in Details

In a major development that has caught the attention of global travellers and immigration watchers alike, the United States is proposing new travel screening requirements that would dramatically expand the digital footprint required from many foreign visitors. However, Indian tourists will not be subject to the controversial social media vetting rule.

No Business Loans for Green Card Holders? Know The New Policy in Details
No Business Loans for Green Card Holders? Know The New Policy in Details

According to the latest policy shift, Green Card holders, legally known as lawful permanent residents (LPRs), will no longer be eligible for U.S. government-backed small business loans starting March 1, 2026. The updated rule, issued by the U.S. Small Business Administration (SBA), reverses decades of practice and raises critical questions about access to capital for immigrant-founded businesses.

JD Vance Stands By Trump’s Decision to Overhaul H-1B
JD Vance Stands By Trump’s Decision to Overhaul H-1B

In a recent resounding comment, US Vice President JD Vance has defended the Trump administration’s decision to reform and overhaul the H-1B visa program.
USCIS Enhanced Security Checks in 2026: What This Means for Immigration Applicants
USCIS Enhanced Security Checks in 2026: What This Means for Immigration Applicants

The U.S. immigration system has entered a new phase of scrutiny. According to a Reuters report published on April 29, 2026, the Trump administration has directed U.S. Citizenship and Immigration Services (USCIS) to apply expanded security vetting to immigration applicants whose cases require fingerprint-based background checks. The change is already affecting pending applications and could create short-term processing disruptions for many applicants seeking green cards or naturalization.