Share this...

Facebook

Pinterest

Twitter

Linkedin

Nicole Simon Quoted on Trump Administration’s Floated $100,000 OPT Fee

September 2, 2026

Nicole Simon, partner at Simon, Choi & Tuohy and a Lecturer in Law at the University of Pennsylvania Carey Law School, was quoted this week in The Daily Pennsylvanian on a reported White House proposal to attach a six-figure fee to Optional Practical Training.

Administration considers six-figure fee for OPT

According to reporting in the Wall Street Journal, the administration is weighing a restructuring of F-1 Optional Practical Training that would carry a $100,000 charge. OPT currently allows international students to remain in the United States and work for one year after graduation, extended up to three years for graduates in STEM fields.

Nothing has been formally introduced

While the Trump administration has shown itself willing to impose onerous fees on immigration benefits, it is important to note that no proposed rule has been published for notice and comment, and the most basic question — who would actually pay the fee, the student, the school, or the employer — remains unanswered.

The fee would represent “yet another attack on students”

Speaking to the paper, Nicole characterized the proposal as “yet another attack on students, a group the administration has mercilessly targeted.”

She also raised the question of whether a fee of this kind can survive judicial review at all, noting that the administration tried a nearly identical move on H-1B visas. In that instance the administration attempted to impose a $100,000 fee by executive action. A federal court voided that fee earlier this year, though that decision was stayed pending appeal.

Other faculty quoted in the piece reached the same conclusion, noting that district and appellate courts have already found the executive branch exceeded its authority on the H-1B fee and predicting the OPT proposal would meet a similar fate.

How this would impact employers and students

For most international graduates, OPT is not an optional convenience. It is the only bridge between a degree and an H-1B petition, and with the H-1B cap set at 85,000 and allocated by lottery, that bridge often has to hold for more than one selection cycle. No matter who would ultimately pay such a fee, many employers, universities, or students would be priced out, and would therefore not seek or sponsor OPT work authorization for students post-graduation.

Watch for a notice of proposed rulemaking

As a reminder, the administration has not formally proposed a rule to raise fees on OPT; they have simply floated the idea informally, as reported by the Wall Street Journal in July. We are tracking this closely and will post an update if a proposed rule is published.

Simon, Choi & Tuohy represents employers, universities, hospitals, and individuals in all areas of U.S. immigration law. If you have questions about how the proposed OPT changes could affect your workforce or your status, contact our office.

TAGS: F-1, OPT, SCT in the news