10 Viral Visa Claims Fact-Checked (November 2026): OPT Fees, Grace Periods, H-4 EAD and More

No, there is no $100,000 OPT fee, and D/S did not end on September 15. Ten viral visa claims, each checked against the primary source and dated.

Part of our guide to the proposed OPT fee.

As of November 1, 2026, the most-shared visa claims are wrong or out of date. This H-1B and OPT rumors fact check tests ten of them against the primary source, with the date. There is no separate $100,000 OPT fee, and the $70,000 OPT fee is only proposed, with the school as its legal payer. Duration of status did not end on September 15; a federal court blocked the rule on September 14. OPT unemployment is still 90 days (150 with STEM OPT), and the PERM suspension did not bar Microsoft, Infosys or TCS from H-1B.

Status line, as of 2026-11-01. In effect: the 90/150-day OPT unemployment limits, the STEM OPT 180-day extension, EO 14431 (a directive with no implementing guidance found) and DOL's PERM-only suspension of eight employers (announced, no written notice). Blocked: the D/S rule, and collection of the $100,000 H-1B payment. Proposed only: the OPT fee (comments close 11-09), ending the worker grace period (11-10) and removing deference to prior approvals (11-13). Agenda item only: H-4 EAD removal.

H-1B and OPT rumors fact-checked: the short answer

As of November 1, 2026, all ten viral visa claims checked here are false or unsupported as stated. Most turn a proposal into law, treat a blocked rule as live, or confuse PERM with H-1B. What applies today is D/S with its 60-day F-1 grace period, the H-1B grace period of up to 60 days, and 90 days of OPT unemployment (150 with STEM OPT).

Scorecard, as of 2026-11. Verdicts reflect each primary source as read on 2026-11-01.

Is OPT dead, and is there a $100k OPT fee? The six F-1 claims

1. "Students now have to pay $70,000 for OPT"

Verdict: false. The $70,000 fee is a proposed rule, not law, and under its text the SEVP-certified school is the legal payer. Nobody owes it today.

The OPT fee proposed rule (91 FR 64566, docket ICEB-2026-0100), published 2026-10-08, proposes a new 8 CFR 214.13(i): the school pays $70,000 before a DSO's initial OPT recommendation and $30,000 before each later one. Schools could pass the cost on to students or employers, but only from 60 days after a final rule, and not for students already on approved OPT or holding a DSO recommendation dated before the effective date. Comments close 2026-11-09 at 11:59 p.m. ET, with more than 4,700 filed as of 2026-11-01. Our explainer on who would pay the proposed OPT fee walks through each scenario.

2. "There is a $100,000 OPT fee"

Verdict: false. No separate $100,000 OPT fee exists or is proposed. The number is the proposal's own worked total: DHS compares "paying $70,000 for only a single year" with "paying $100,000 for up to three years with STEM OPT eligibility."

The $30,000 is not a "second-year" fee either. SEVP's Broadcast Message 2610-02 (2026-10-08) describes "a $30,000 charge per F student for the second year of practical training", but the Federal Register text proposes "a $30,000 fee each time there is a subsequent OPT recommendation", and the Federal Register text controls. DHS also considered charging the $70,000 again after a move to a higher degree level and "especially encourages input" on that alternative. In our reading, the text does not settle what a student whose first OPT was fee-free would owe later.

The real $100,000 is the H-1B payment under Proclamation 11069. It runs on paper until 2027-09-21, but courts blocked the agency policies that implement it and it is not being collected. USCIS's I-129 page (updated 2026-10-30) says a court "vacated agency guidance implementing the $100,000 payment requirement" and "If this order is later lifted, DHS still plans to collect the payment." See whether the $100k H-1B fee is still in effect.

3. "OPT is dead" or "OPT is being cancelled"

Verdict: false. OPT is in effect and USCIS is approving it. The OPT changes on paper are the fee proposal and an agenda listing with no text.

USCIS's I-765 data shows 47,339 post-completion OPT approvals in FY2026 Q3 (April to June 2026, posted 2026-09-08). A broader ICE "Practical Training" rule (RIN 1653-AA97) sits in the regulatory agenda with a proposed-rule target of 02/2027, a target rather than a commitment, and had no text as of 2026-11-01. Two things did change. Since 2026-08-05, policy alert PA-2026-05 (now challenged in AAUP v. Mullin) lets USCIS deny an OPT I-765 without an RFE when required initial evidence is missing. And the USCIS processing-times tool showed 80% of F-1 student (c)(3) cases completed within 5 months when read on 2026-11-01; check the live tool before you plan around it.

4. "Duration of status ended on September 15"

Verdict: false. A federal court blocked the D/S final rule on 2026-09-14, the day before it was due to take effect. D/S, the 60-day F-1 grace period and the no-I-539 status quo all still apply.

Judge Saylor's order in Presidents' Alliance v. DHS (D. Mass. 1:26-cv-13799-FDS) postponed the rule (91 FR 44976) under 5 U.S.C. 705 and enjoined DHS nationwide. USCIS's I-539 page (updated 10/07/2026) says DHS "is preliminarily enjoined from taking any further action to implement the final rule" and "USCIS will proceed under the previous regulatory provisions." Summary-judgment replies are due 2026-11-02, after which a ruling can come at any time (check the district court docket), and DHS's First Circuit opening brief (No. 26-2112) is due 2026-11-09. No "30-day F-1 grace period" is in effect. Our D/S appeal tracker explains what each outcome would mean.

5. "The STEM OPT 180-day extension was removed"

Verdict: false. The final rule ending automatic EAD extensions, published and effective 2026-10-14, does not touch the STEM OPT 180-day extension.

That rule (91 FR 65306) amends only 8 CFR 274a.13 and never mentions STEM, OPT, F-1 or cap-gap. USCIS's STEM OPT page (updated 2026-01-30) still says that if you file on time, USCIS "will automatically extend your employment authorization for 180 days." The catch: a STEM I-765 filed after your OPT EAD expires gets no 180 days. What the rule did end is automatic extension for renewals filed on or after 2025-10-30 in categories such as (c)(9) and the (c)(26) H-4 EAD.

6. "OPT unemployment is now 60 days"

Verdict: false. The limit is still 90 days of unemployment on post-completion OPT and 150 days in aggregate once you add STEM OPT. No published rule or proposal changes it.

The SEVIS Help Hub unemployment counter counts each day "without employer information" from your actual OPT start date, and SEVP's BCM 2101-01 (2021-01-04) states the same 90-day and 150-day limits. Our reading: 60 is both the number of extra days STEM OPT adds and the length of the F-1 grace period, and the figures get blended. See how STEM OPT unemployment days actually count, and confirm your own count with your DSO.

Is the H-1B grace period gone? The four H-1B, H-4 and employer claims

7. "The H-1B 60-day grace period is gone" (or "now 30 days", "180 days", "ends in early 2027")

Verdict: false. Ending the grace period is only proposed. The current grace period of up to 60 days applies, and no 30-day or 180-day H-1B grace period exists or is proposed.

The proposed rule (RIN 1615-AD22, 91 FR 57807), published 2026-09-11, would remove 8 CFR 214.1(l)(2) for H-1B, H-1B1, L-1, O-1, E-1, E-2, E-3 and TN workers and their dependents. Comments close 2026-11-10 at 11:59 p.m. ET, with about 27,000 filed as of 2026-11-01. If finalized as written, only the 214.1(l)(1) window of up to 10 days after the validity period would remain, and it runs from the petition's end date, not from a layoff. No final rule or effective date exists, so "early 2027" is a guess. F-1 students are not covered.

8. "The H-4 EAD is ending"

Verdict: unsupported. No proposed or final rule ends the H-4 EAD. DHS lists a long-term agenda item (RIN 1615-AD14) with no proposal date, and H-4 EADs are still available.

The agenda entry lists the proposal date as "To Be Determined"; the item is not at OIRA and has no Federal Register document. A Congressional Research Service insight (2026-10-14) says DHS "is considering removing their eligibility for work authorization altogether", but considering is not proposing. What did change is renewals: under the 2026-10-14 final rule (claim 5), an H-4 EAD renewal filed on or after 2025-10-30 gets no automatic extension, so if it is still pending when the card expires, that work authorization stops the day after the card's end date until approval. A court order in Jane Doe 1 v. DHS protects seven named plaintiffs only. More in our H-4 EAD removal rumor explainer.

9. "Microsoft, Infosys and TCS can't sponsor H-1B anymore"

Verdict: false. On 2026-10-08 DOL said it "will not accept any new or process any pending permanent labor certification applications" for eight employers, according to Mayer Brown's analysis (2026-10-15). PERM is a green-card step, not the H-1B program.

The eight are Microsoft, Adobe, Cognizant, Infosys, TCS, Wipro, HCL and Capgemini. As of 2026-11-01 DOL had published no written notice, basis or end date, and Mayer Brown notes the action "does not suspend any employer from the H-1B program." The real exposure is an H-1B extension past six years that relies on a PERM. Practitioners read a suspended PERM as still counting toward an AC21 one-year extension, since a suspension is not a denial, revocation or administrative closure, but that is practitioner analysis, not agency guidance. An approved I-140 still supports three-year extensions. Separately, a 2026-09-08 post on the DOL Inspector General's X account about Cognizant reportedly said "H1-B processing suspended" without defining what that covered. If any of this touches your case, see an immigration attorney.

Microsoft's "60,000" is not a layoff either. CNBC reported on 2026-10-26, citing a person familiar with the matter, that about 60,000 employees are eligible for voluntary buyouts; those who accept leave on 2026-12-31. Our PERM suspension breakdown and Microsoft buyout guide cover the options.

10. "Under the new executive order, layoffs mean automatic H-1B denials"

Verdict: false. Executive Order 14431 (signed 2026-09-18) tells agencies to "take into account" whether an H-1B employer "engaged in layoffs within the previous year or plans future layoffs" affecting similar US workers. It contains no automatic denial and defines no terms.

The order (91 FR 60501) gave DOL's Wage and Hour Division 30 days, to about 2026-10-18, to begin reviewing previously submitted Labor Condition Applications. As of 2026-11-01 there was no public DOL, USCIS or State Department guidance, no revised ETA-9035, and no public DOL statement that the review had begun. For extensions, the item to watch is the proposal to remove deference to prior approvals (RIN 1615-AD26, published 2026-10-14). It is proposed, comments close 2026-11-13, and current deference still applies.

Why some official pages seem to confirm the rumors

Several government pages still lagged the court orders on 2026-11-01, and some forum threads and AI answers repeat them. Treat those as leads to check, never as authority.

• D/S. FederalRegister.gov metadata (effective date 2026-09-15), the eCFR text of 8 CFR 214.2(f), ICE's SEVIS "What's New" page and BCM 2607-02 ("will take effect ... Sept. 15, 2026") read as if the rule took effect, and DHS has published no Federal Register notice of the postponement. The court order controls.
• OPT fee. BCM 2610-02's "second year" wording and the 2026-10-07 Study in the States line "no additional fees in subsequent years" conflict with the Federal Register text. The AP's 2026-10-07 story said "60 days to comment"; the period is 30 days.
• $100,000 H-1B payment. The USCIS fee schedule (Form G-1055) still prints a $100,000 line, and USCIS's general H-1B page (dated 2026-09-21) still shows pay.gov text. Neither shows the payment is being collected.

How to fact-check the next visa claim yourself

1. Search FederalRegister.gov and read the document type. A "Proposed Rule" is not law; note the comment close date and whether a final rule followed.
2. Open the case docket on CourtListener before trusting an effective date on FederalRegister.gov or in the eCFR.
3. Read the live USCIS form page (uscis.gov/i-539, uscis.gov/i-129), where USCIS posts court-order notices.
4. Check the SEVIS Help Hub on Study in the States for OPT counting rules.
5. Look up the RIN on Reginfo.gov: agenda only, under OIRA review, or published.
6. Ask your DSO about your I-20, SEVIS record or OPT, and a licensed immigration attorney about H-1B, H-4 or PERM.
7. Date every answer you read; a claim accurate in 2025 can be wrong by November 2026.

What could change these verdicts before November 14

Upcoming dates, as of 2026-11. Re-check the docket or Federal Register after each date; a closed comment period does not create a final rule.

Common mistakes

• Treating a proposal as the new rule. A proposed rule has no legal effect. The OPT fee, the grace-period elimination and the deference removal are all still proposals, even after their comment periods close.
• Mixing up the two 60-day grace periods. The F-1 grace period survives because D/S is blocked. The worker proposal covers H-1B, L-1, O-1, TN and similar statuses, not F-1 or OPT.
• Confusing PERM with H-1B. A PERM suspension affects green-card labor certification, not an employer's H-1B petitions, though it can matter for an extension past six years.
• Acting on a screenshot. Do not quit a job, decline an offer or book travel because of a forum post or chatbot answer. Check the source, then talk to your DSO or attorney.

Frequently asked questions

Is there a $100,000 OPT fee?

No. As of November 1, 2026, no separate $100,000 OPT fee exists or has been proposed. The figure is the proposed rule's own worked total, $70,000 for initial OPT plus $30,000 for a later recommendation such as STEM OPT, and that rule is still a proposal whose comment period closes on November 9, 2026.

Do students have to pay $70,000 for OPT?

Not today, and not directly under the proposal. The October 8, 2026 proposed rule makes the SEVP-certified school the legal payer of $70,000 before the initial OPT recommendation and $30,000 before each later one, though schools could pass the cost on to students or employers. It would apply only from 60 days after a final rule, and none exists as of November 1, 2026.

Did duration of status end on September 15?

No. A federal court in Massachusetts blocked the duration of status final rule on September 14, 2026, before it took effect, and USCIS says it will proceed under the previous rules. As of November 1, 2026, D/S and the 60-day F-1 grace period still apply while summary judgment is briefed and DHS's First Circuit appeal is pending.

Is OPT unemployment now 60 days?

No. As of November 1, 2026, the SEVIS Help Hub lists 90 days of unemployment on post-completion OPT and 150 days in total with a STEM OPT extension. No published rule or proposal would change those limits, and your DSO can confirm your own running count.

Can Microsoft or Infosys still sponsor H-1B?

Yes. On October 8, 2026, DOL announced it would stop accepting new, and processing pending, PERM green-card labor certifications for eight employers, including Microsoft, Infosys and TCS, but that is not an H-1B suspension. DOL had published no written notice or end date as of November 1, 2026, so anyone whose H-1B extension past six years depends on a PERM at one of them should talk to an immigration attorney.

Sources

• Federal Register, Optional Practical Training Fees, proposed rule (2026-10-08), and the govinfo text
• ICE SEVP, Broadcast Message 2610-02 (2026-10-08) and BCM 2101-01 (2021-01-04)
• Study in the States, SEVIS Help Hub unemployment counter
• USCIS, Form I-539 page (updated 10/07/2026) and Form I-129 page (updated 2026-10-30)
• USCIS, STEM OPT extension page (updated 2026-01-30) and I-765 data, FY2026 Q3
• CourtListener, Presidents' Alliance v. DHS docket (D. Mass. 1:26-cv-13799)
• Federal Register, removal of automatic EAD extensions, final rule (2026-10-14) and eliminating the discretionary 60-day grace period, proposed rule (2026-09-11)
• Reginfo.gov, RIN 1615-AD14 and RIN 1653-AA97
• Congressional Research Service, Insight IN12747, H-1B Executive Actions in 2026 (2026-10-14)
• Federal Register, Executive Order 14431 (2026-09-23) and removing deference to prior USCIS determinations, proposed rule (2026-10-14)
• USCIS, case processing times tool (read 2026-11-01)
• Mayer Brown, analysis of DOL's PERM enforcement actions (2026-10-15)
• CNBC, Microsoft voluntary buyout offers (2026-10-26)

How we checked this: each claim was compared on 2026-11-01 with the Federal Register, USCIS form pages and data, SEVP broadcasts, the SEVIS Help Hub, a CRS insight, federal court dockets on CourtListener and the regulatory agenda on Reginfo.gov. The PERM and Microsoft items also rely on a law-firm analysis and news reporting, named where used.

This is general information, not legal or tax advice. Your own I-20, I-94, EAD and approval notice, and your DSO or immigration attorney, govern your situation.

Rumors spread fastest when a job search is already stressful. If you would rather spend that energy on employers that actually sponsor, F1Jobs helps international candidates on OPT, STEM OPT and H-1B run a focused search.