The Trump administration’s “crackdown” on non‑immigrant visas seems to have no intention of pausing.

$100,000 for OPT too!

According to a July 30 report by The Wall Street Journal citing informed sources, the Trump administration is considering a major plan – charging international students who wish to work in the U.S. after graduation up to $100,000. The fee would target the OPT programme, which currently allows foreign graduates on F‑1 student visas to work in the U.S. for 1 to 3 years.

According to the latest data, approximately 419,000 foreigners worked in the U.S. through the OPT programme in 2024. The impact of such a fee, if implemented, would be immense.
However, the proposal is still under internal discussion within the Department of Homeland Security (DHS), and many key details remain unresolved:
– Who pays? It is unclear whether the fee would be borne by the graduate or by the hiring employer;
– Payment method: whether as a lump sum or annually has not been decided;
– Exemptions: it is unknown whether students already in the OPT programme would be grandfathered;
– Rollout: unclear whether it would be introduced alongside broader OPT regulatory changes or separately;
– Issuance method: uncertain whether it would be issued via executive order or through formal administrative rulemaking.
DHS is developing a broader regulation to rewrite OPT rules, expected to be published as early as this fall. A DHS spokesperson said in a statement: “No policy should be considered final until officially announced.”

H‑1B fee blocked, OPT becomes the “alternative”

The Trump administration’s plan to charge for OPT did not emerge out of thin air – it is effectively the “alternative path” after the H‑1B fee proposal was struck down by the courts.
Last September, President Trump signed a presidential proclamation imposing a $100,000 surcharge on new H‑1B visa applicants. The policy immediately sparked an uproar – 20 states, including California and New York, filed a joint lawsuit, alleging that the policy was unauthorised by Congress and constituted an overreach of taxation powers.
On June 8 this year, Judge Leo Sorokin of the U.S. District Court for the District of Massachusetts ruled that the H‑1B visa application fee had the character of a “tax,” that the Trump administration’s “price hike” policy was not authorised by Congress, and that the State Department and USCIS could not enforce it. The judge held that the $100,000 charge was essentially a “tax” rather than an administrative fee, and that the power to impose taxes lies with Congress, not the executive branch.

The Trump administration immediately appealed, seeking a stay of the ruling. On July 24, the U.S. Court of Appeals for the First Circuit in Boston denied the government’s request. The panel noted that the administration had failed to demonstrate that raising the H‑1B visa application fee to $100,000 did not exceed executive authority.
It was precisely after the H‑1B fee route was blocked by the courts that the Trump team turned its attention to OPT.

OPT, a long‑standing target of the Trump team

The Trump team has long wanted to go after OPT.
The OPT system was established through executive authority; the immigration statute itself does not specify detailed rules. From the original 12‑month practical training period to the 24‑month STEM extension, students have been able to participate in up to three H‑1B lotteries. This system has supplied a large number of high‑tech talents to the U.S., but it is precisely what Stephen Miller – the key architect of Trump’s immigration policy – and his circle find most objectionable.
They argue that OPT has transformed from an educational programme into a de facto employment‑based immigration pathway, displacing American workers, and was never legislatively authorised by Congress. In Trump’s first term, Miller sought to terminate OPT but was blocked by Trump’s son‑in‑law at the time.
Now, as Deputy Chief of Staff, Assistant to the President, and Homeland Security Advisor, Miller holds significant power and is described in Washington as “Trump’s brain.” With his push, targeting OPT is only a matter of time.

Legal prospects and business counterbalance

As for the legal prospects of an OPT fee, it remains difficult to predict; much depends on how the Trump team chooses to introduce it.
If it is issued again by executive order, based on the H‑1B precedent, it would likely be overturned by litigation. If instead it follows the formal administrative rulemaking process, proceeding in tandem with other OPT policy changes, the likelihood of implementation would be higher.
However, the Trump team is not monolithic. Going after OPT would cut into the interests of Silicon Valley tech giants – Amazon, Google, Microsoft, and Meta all rely heavily on OPT to recruit international talent. The lobbying power of these companies is not to be underestimated; the fact that the April I‑485 policy was eventually rolled back by business pressure is a clear example.
In any case, there will likely be more moves during the Trump presidency – with less than half of the four‑year term completed, there is plenty of time for further actions. For those with long‑term plans to stay in the U.S., the best way to navigate uncertain future changes may well be to prioritise immigration planning well in advance.

New Law EB‑5 Grandfather Clause – countdown window

Against the backdrop of continuing turbulence in OPT and H‑1B policies, the new law EB‑5 investment immigration programme is drawing increasing attention for families seeking a faster path to a U.S. green card.
In particular, note that September 30, 2026 is the key deadline for the EB‑5 “grandfather clause.”
Under the EB‑5 Reform and Integrity Act of 2022, investors who properly file their I‑526E petitions on or before September 30, 2026, will be protected by the grandfather clause. This means:
· Even if the regional centre programme later expires, USCIS must continue to adjudicate applications filed before the deadline;
· Applicants can lock in the rules in effect at the time of filing, avoiding core risks such as programme expiration, fee increases, or regional centre changes;
· The protection extends not only to the I‑526E stage but also to the subsequent I‑829 permanent green card stage.
Applications filed after September 30 will no longer enjoy grandfather clause protection. Given that fund source documentation, document preparation, and legal review all take time, the window for decision‑making is already very limited.
In the broader context of the Trump administration’s continued tightening of legal immigration policies, the EB‑5 grandfather clause offers investors a rare window of “policy certainty.” Instead of passively enduring the ups and downs of OPT and H‑1B policies, seizing this policy dividend period proactively may be a wiser move.
September 30 – the countdown has begun.