H-1B and OPT: Immigration Rules to Watch

Several proposed rules could affect employers’ use of H-1B workers and international student talent. While none of these proposals would take effect immediately, employers should be aware of what is moving through the regulatory process.

Proposed $103,265 H-1B Fee

On Aug. 25, the Department of Homeland Security (DHS) proposed a $103,265 fee for H-1B cap-subject petitions, including petitions eligible for the advanced-degree exemption. The proposed fee would be in addition to other applicable H-1B fees.

The proposal is subject to a 30-day public comment period and would not change current H-1B fee requirements unless finalized and made effective.

Proposed OPT Fee

DHS has also submitted a proposed rule addressing Optional Practical Training (OPT) fees to the Office of Management and Budget for review. The proposal is not yet public. Once OMB completes its review, DHS can release the proposed rule and begin the public comment process.

As with the H-1B fee proposal, any new OPT fee would not take effect immediately. DHS would need to review public comments and issue a final rule before any changes become effective.

Broader H-1B Program Changes

Separately, DHS has submitted a proposed rule titled “Reforming the H-1B Nonimmigrant Visa Classification Program” to OMB for review. Once released, the proposal is expected to address several aspects of the H-1B program, including cap-exemption eligibility, additional scrutiny of employers that have violated program requirements, and oversight of third-party placements.

DHS has described the proposed changes as efforts to improve the integrity of the H-1B program and better protect U.S. workers’ wages and working conditions.

What does this mean for employers? These developments remain at different stages of the regulatory process, and none should be treated as a current change in employer obligations. Employers should continue to monitor the proposals and evaluate how potential changes could affect immigration costs, hiring, and workforce planning.