What Should Indian Students Know About Trump’s H-1B, I-94 and OPT Visa Policy Changes?

• By Reyna Overseas

Indian students and parents are seeing several U.S. immigration headlines at once: a $100,000 H-1B payment, changes to I-94 and Duration of Status, and a proposed $70,000 OPT fee. The problem is that these headlines do not all describe rules with the same legal status. As of October 12, 2026, one measure is in force for covered H-1B cases, one final rule is blocked by a federal court, and one OPT fee rule is still only a proposal.

That distinction matters. In U.S. immigration policy, students should check four stages before changing an education plan: whether an idea is only proposed, whether it has become a final rule or presidential action, when it is legally effective, and whether a court has suspended or blocked it. A social media headline can describe any one of those stages.

Trump Visa Headlines vs Reality: What Has Actually Changed for Indian Students?

The H-1B $100,000 payment requirement began under a September 2025 presidential proclamation and was extended in September 2026. The Duration of Status rule was finalised in July 2026 and scheduled for September 15, but a federal judge postponed it indefinitely from its effective date on September 14. The new OPT fee proposal was published on October 8, 2026, with public comments due November 9. It has not taken effect.

This is the framework Indian students should use when reading Trump H1B coverage or references to an H1B executive order. A presidential proclamation or executive order has a different legal route from a DHS regulation, since, it has been postponed for an indefinite period by the Courts and the DHS is at the stage of proposal which has not attained finality. Therefore, an Indian student planning his education should not worry about the Trump administration’s H-1B, as it is done and dusted.

The policies are connected by the typical student journey: F-1 status during study, OPT or STEM OPT after graduation, then possible employer-sponsored H-1B status. But they should still be evaluated separately. The recent I-94 litigation shows why. A policy can move through rulemaking, reach a scheduled effective date, and still be stopped by a court before implementation.

Trump’s H-1B Visa Fee Increase: What the $100,000 Rule Really Means for the F-1 to H-1B Path

H-1B is a temporary work classification used by U.S. employers for qualifying specialty occupations. For many Indian students, it becomes relevant after a U.S. degree and a period of authorised employment through OPT.

In September 2025, President Trump issued a proclamation introducing a $100,000 payment requirement for specified new H-1B petitions. The proclamation became effective on September 21, 2025, and was subsequently extended in September 2026 through September 2027. Importantly, this requirement did not undergo a mandatory 60-day Federal Register public comment or waiting period because it was introduced through presidential authority rather than the standard DHS notice-and-comment rulemaking process. 

While proposed federal regulations commonly allow 30 to 60 days for public comments, those procedures do not automatically apply to presidential proclamations. The White House clarified that the $100,000 amount is a one-time payment associated with covered new petitions, rather than an annual charge on existing H-1B workers. The proclamation also did not change the fees associated with ordinary H-1B renewals.

The policy is significant, but it is not a universal $100,000 bill for every person who already holds H-1B status. The White House’s 2025 FAQ also states that the proclamation did not change payments or fees required for H-1B renewals. Searches for H1B renewal fees should therefore distinguish ordinary filing and renewal costs from the separate $100,000 payment attached to covered new petitions.

The cost is tied to the sponsoring employer’s petition process. Indian students should assess whether employers in their target sector are willing to sponsor international graduates under the current rules rather than adding $100,000 to a personal tuition budget. The proclamation specifically requires employers to retain documentation showing that the relevant payment has been made for covered cases.

A separate September 18, 2026 H-1B executive order increased interagency scrutiny. It directs relevant agencies to consider whether a sponsoring employer has recently laid off, or plans to lay off, similarly situated U.S. workers. For students, that could influence employer sponsorship decisions, particularly in sectors going through significant restructuring.

The F-1 to OPT to H-1B route has not disappeared, but degree selection now deserves a harder ROI test. Look at whether the course leads into industries with a record of hiring international graduates, whether employers have historically sponsored H-1B workers, whether the degree qualifies for STEM OPT, and whether the education investment still makes sense if H-1B sponsorship never happens.

Trump’s $100,000 H-1B Fee Policy: Why Indian Students Can Continue Their U.S. Education Plans, And Not Worry?

Indian students planning to study and work in the United States need not abandon their ambitions because of Trump’s $100,000 H-1B payment announcement.

Introduced in September 2025 and extended in September 2026, the proclamation imposed a one-time payment on certain new H-1B petitions. However, federal court rulings in 2026 blocked collection of the additional fee, with litigation still ongoing.

Importantly, USCIS clarified that eligible F-1 students already in the United States who receive approval to change their status to H-1B are generally exempt from this additional payment. The proclamation also did not increase ordinary H-1B renewal fees or impose a $100,000 annual charge on existing workers.

Unlike standard DHS rulemaking, the presidential proclamation was not subject to a mandatory 60-day Federal Register comment period.

Although a separate September 2026 executive order increased scrutiny of employers sponsoring foreign workers, the F-1 to OPT or STEM OPT to H-1B pathway remains available.

Indian students should therefore focus on choosing suitable universities, STEM-eligible programmes and realistic career opportunities rather than allowing policy headlines to determine their education decisions.

I-94 and Duration of Status: Why Indian Students Can Continue Their U.S. Education Without Disruption

Indian students planning to study in the United States can continue their education plans with confidence, as the proposed changes to the I-94 Duration of Status (D/S) framework are currently blocked by a federal court.

Under the existing system, F-1 students are generally permitted to remain in the United States for the duration of their academic programme and authorised practical training, provided they maintain valid immigration status.

On July 17, 2026, DHS introduced a final rule replacing Duration of Status with fixed admission periods, potentially requiring students to apply for extensions of stay.

However, on September 14, 2026, a federal court in Massachusetts issued a preliminary injunction preventing the rule from taking effect on September 15. As a result, the existing D/S framework remains applicable while litigation continues.

This means Indian students can continue their studies, change eligible academic programmes and pursue OPT or STEM OPT under existing immigration procedures.

Students should maintain accurate I-94, I-20 and SEVIS records and follow their university’s immigration guidance.

The court’s intervention provides reassurance that Indian students need not reconsider their U.S. education plans solely because of the announced I-94 changes.

OPT $70K Fee Proposal Explained: What DHS Has Proposed and Why Students Shouldn’t Treat It as a Current Cost

Optional Practical Training allows eligible F-1 students to obtain temporary employment authorisation for work related to their field of study. Standard OPT generally provides up to 12 months of practical training at an education level, while eligible students with qualifying STEM degrees may seek a further 24-month STEM OPT extension.

The October headline “dhs proposes fees for foreign student work program to protect american jobs” refers to a Notice of Proposed Rulemaking published in the Federal Register on October 8, 2026. DHS proposes a $70,000 fee for the first OPT recommendation for an F-1 student and a $30,000 fee for a later OPT recommendation.

The proposed text is especially important. Under the proposal, the SEVP-certified educational institution would have to pay the applicable fee before its designated school official enters the OPT recommendation in SEVIS. The rule could apply across different forms of OPT, including pre-completion OPT, post-completion OPT and subsequent STEM OPT recommendations depending on the student’s sequence.

This is the point most discussions of the opt 70k fee miss: the proposal does not currently create a $70,000 invoice that an F-1 student must pay. Universities could face major financial decisions if a similar final rule eventually takes effect, and institutions could respond in ways that have indirect financial consequences for students. Those effects are still uncertain.

The proposed OPT fee hike from approximately $500 to an astonishing $70,000 raises serious questions about its practicality. How can such an extraordinary increase be justified? The proposal remains under public review until November 9, 2026, and no additional fee is currently payable. Previous Trump administration immigration measures, including the $100,000 H-1B payment requirement and Duration of Status changes, have faced significant legal setbacks. Could the OPT fee proposal meet a similar fate in court? While its future remains uncertain, Indian students should remember that this is merely a proposal, with no immediate impact on their current education or OPT applications.

70000 USD to INR: What Does the Proposal Equal?

At a mid-market exchange rate of roughly ₹95.7 per U.S. dollar on October 12, 2026, $70,000 is approximately ₹67 lakh. Exchange rates change continuously, so the rupee figure is approximate. More importantly, this 70000 USD to INR conversion illustrates the scale of the proposal. It is not a confirmed current expense for an Indian student applying for OPT.

How Much Does It Cost to Study in the USA for International Students?

When parents search “how much does it cost to study in the USA for international students”, the budget should focus on confirmed expenses: university tuition and mandatory fees, accommodation and living costs, health insurance, current visa and SEVIS-related expenses, travel and initial settlement costs.

Proposed future charges should be shown separately as policy risk rather than inserted into today’s study budget as if payment were already required.

That distinction improves financial planning. A student comparing universities should calculate total education cost, available scholarships, course duration and likely living expenses first, then stress-test the plan against less certain outcomes such as delayed employment or difficulty finding an H-1B sponsor.

How Much International Student Can Earn in USA?

There is no reliable single earnings figure for international students. F-1 employment is regulated. Qualifying on-campus employment is generally limited to 20 hours per week while school is in session, with different rules applying during authorised breaks and for approved forms of off-campus employment.

Post-study OPT earnings vary sharply by occupation, city, academic qualification, experience and employer. Students asking “how much international student can earn in usa” should use salary data for the specific occupation and location they are targeting rather than assuming one general international student salary.

OPT itself does not guarantee employment, a particular salary or eventual H-1B sponsorship. A sensible ROI model should compare confirmed education expenditure with scholarships, course duration, OPT or STEM OPT eligibility and realistic employment outcomes. It should also include a fallback career plan if U.S. sponsorship becomes unavailable.

Should Indian Students Still Choose the USA? Make the Decision Based on Rules in Force, Not Fear

The right answer depends on the student’s profile. Someone who is still researching universities has time to compare programmes, STEM designation, costs and employer outcomes. A student holding an admission offer should review deposits and confirmed expenses before committing. Current F-1 students should focus on compliance under the rules currently in force. Students approaching graduation should plan OPT timelines with their DSO, while STEM OPT students considering H-1B sponsorship should research sponsor behaviour in their target industry.

Before paying a deposit, assess academic quality, programme relevance, total confirmed education cost, scholarship support, OPT and STEM OPT eligibility, employer sponsorship patterns, and career options if H-1B sponsorship does not happen.

For policy monitoring, rely on USCIS, the Department of Homeland Security, ICE and SEVP, the Federal Register, and your university’s international student office. Immigration announcements can develop quickly, so check the current source before making a filing, travel or enrolment decision.

Headline vs Current Reality

Headline	Current reality as of October 12, 2026
$100,000 H-1B payment requirement	Federal courts have blocked the additional fee. Eligible Indian students can continue pursuing the F-1 to H-1B pathway without this payment under current rulings.
Fixed-date I-94 / end of D/S	Federal court intervention blocked implementation. The existing Duration of Status framework remains unchanged, allowing Indian students to continue studying under current immigration rules.
$70,000 OPT fee	The unusually high fee remains only a proposal, with no current impact on students. Previous court challenges raise questions about its eventual implementation.

Conclusion

Students should avoid making an irreversible academic or financial decision because a policy headline appears alarming. Check whether the measure is proposed, effective or blocked, then judge how it changes your own course, budget and career plan.

Professional study abroad counselling can support university selection, admissions documentation, financial planning and student visa preparation. Reyna Overseas provides profile-based university shortlisting, application and documentation assistance, financial guidance, visa filing support and interview preparation.

For families looking for a usa student visa consultant in ahmedabad, Reyna Overseas has its head office in Thaltej, Ahmedabad, giving students and parents a local point of contact while evaluating U.S. university and visa options.

Book a consultation with Reyna Overseas to review your academic profile, education budget and current U.S. study options before submitting an application or paying an enrollment deposit.

 

Sources:

1. https://www.whitehouse.gov/releases/2025/09/h-1b-faq/
2. https://www.whitehouse.gov/presidential-actions/2026/09/restriction-on-entry-of-certain-nonimmigrant-workers-faad/
3. https://www.whitehouse.gov/fact-sheets/2026/09/fact-sheet-president-donald-j-trump-further-enhances-program-integrity-and-interagency-coordination-in-the-h-1b-visa-program/
4. https://www.govinfo.gov/content/pkg/FR-2026-09-23/html/2026-19554.htm
5. https://www.govinfo.gov/content/pkg/FR-2026-07-17/pdf/2026-14439.pdf
6. https://www.govinfo.gov/content/pkg/USCOURTS-mad-1_26-cv-13799/pdf/USCOURTS-mad-1_26-cv-13799-0.pdf
7. https://www.studyinthestates.dhs.gov/assets/sevp_k12studentlifecycleInfographic_v5.pdf
8. https://www.ice.gov/sevis/practical-training
9. https://www.govinfo.gov/content/pkg/FR-2026-10-08/html/2026-20660.htm
10. https://www.ice.gov/sevis/employment
11. https://www.xe.com/currencyconverter/convert/?Amount=1&From=USD&To=INR