Experts say the proposal is unlikely to survive legal scrutiny, citing the lack of clear statutory authority and the outsized impact it could have on U.S. universities, employers, and the nation’s ability to attract global talent.
Last week, reports that the Trump administration was considering a $100,000 fee for Optional Practical Training (OPT) for international students seeking to work in the U.S. after completing their studies sent shockwaves through the international student community on F-1 visas. For students already grappling with the high cost of university tuition and other expenses, the prospect of another fee could further add to their financial burden.
Maryland-based immigration attorney Kevin J. Andrews, who specializes in employment-based immigration, believes it may not yet be time to hit the panic button. He says, “Panic is the point of political theater. I always take this administration seriously, but I don’t always take them literally. With this landscape in mind, the likelihood of a $100K OPT fee rolling out and surviving without Congressional authorization seems the least likely outcome.”
The reassurance comes at a critical time for many new international students preparing to begin the fall academic term at U.S. universities.
READ: ‘Will he even get an internship?’ Indian families voice concerns over rising OPT fees and uncertainty (August 3, 2026)
During the 2024-25 academic year, the United States hosted about 1.2 million international students. Together, these students contributed approximately $43 billion to $45 billion annually to the U.S. economy through tuition fees and living expenses. India and China continued to represent the largest groups of international students in the United States, with India topping the list by a wide margin. About 266,000 students from India enrolled across U.S. universities in 2024-25, while nearly 63,000 students from China came to the U.S. to study, according to Statista data.
Amid increasing immigration scrutiny, difficulties securing visa appointment slots and shrinking opportunities in recent years, international student enrollment in the United States has already declined. An annual census published by the Institute of International Education (IIE) found that first-time international student enrollment dropped 17% entering the 2025-26 academic year in the U.S.
Academics and immigration experts caution that newer proposals, like the one involving an OPT fee, may deter prospective international students even before they are implemented. Allison Kranz, an immigration attorney and managing partner at Cambridge, Massachusetts-based Lodestone Legal, says, “OPT is one the primary reason, international students choose U.S. universities over Canada, the UK, and Australia, all of which have strengthened post-study work pathways since 2022. Tech, finance, and engineering employers depend on OPT as the primary bridge between F-1 status and H-1B sponsorship.”
Restricting such an important pathway could result in universities having to cut programs, freeze hiring or reduce services.
Just as many attorneys questioned the H-1B $100,000 fee order because it appeared to bypass the regular lawmaking process, there are similar questions surrounding the current proposal. Kranz points to a particularly pertinent question: “Unlike the H-1B fee, where employer responsibility was clear, DHS has not indicated who the fee would be assessed against.”
READ: Indian American leaders warn as US foreign student enrollment fall (May 13, 2026)
If the employer is deemed responsible for the fee, it could once again adversely affect startups as well as small and midsize firms, which may be unable to use the pipeline from OPT to H-1B employment.
But amid the noise surrounding newer immigration memos, executive actions and legal challenges in recent months, the practical consequences have often been less dramatic than initial fears suggested. As attorney Andrews says, “USCIS released that green card memo that had people panicked about all green card cases. Policies over denaturalization caused panic but so far, the people actually losing citizenship are happening for legitimate reasons for the most part. Then there’s the legal battle over the $100k H1B fee. But on the other hand, the Gold Card program still exists despite being illegal.”
For now, in what may come as a relief to thousands of international students, the $100,000 OPT fee does not appear as a published proposed rule on the official Department of Homeland Security (DHS) regulatory agenda.