F1 OPT Safe from H1B Fee? Panic Over Chaotic Rule

The latest H-1B policy has caused concern among Indian students planning to apply for the lottery next year. With frequent updates, many F-1 visa holders on OPT are unsure if building a career in the US is still feasible.

Understanding OPT and Its Role

Optional Practical Training (OPT) allows F-1 visa holders to work legally in their field of study for 12 months after graduation. It serves as a bridge between the F-1 and H-1B visas, offering temporary relief from immediate sponsorship requirements.

The $100,000 H-1B Fee Debate

Online forums are discussing whether the new $100,000 fee for H-1B petitions affects OPT students. Official guidance states that only new H-1B entries require the fee. This technicality may protect current F-1 visa holders, as they are already in the US.

Change of Status Complications

A Change of Status (COS) from F-1 to H-1B filed within the US may not initially need the fee. However, students often must leave for visa stamping in their home country, which could trigger the $100,000 payment. Opinions differ on whether re-entry counts as a new entry.

Uncertainty Persists

Users’ experiences and expert opinions vary, and the White House announcement is not fully clear. The policy is evolving rapidly, and future workers are advised to wait for clarification or consult legal professionals to avoid surprises.