Understanding “Pay-to-Stay” and H-1B Payment Developments: What You Need to Know

Understanding the $70,000 “Pay-to-Stay” Model and H-1B Payment Developments

Recent discussions around immigration policy have brought up terms like the “$70,000 pay-to-stay model” and shifts in green card eligibility. It is important to understand that these developments are distinct and relate to different aspects of the U.S. immigration system. One concerns a proposed fee for Optional Practical Training (OPT) for students, while the other involves ongoing legal challenges to a proposed H-1B visa payment. Neither directly represents a shift from a degree-linked green card policy to a new payment route for permanent residency.

The $70,000 Figure: A Proposed School Fee for OPT

The “$70,000 pay-to-stay model” refers to a proposal by the Department of Homeland Security (DHS) regarding Optional Practical Training (OPT) for international students. This proposed fee is not for obtaining a green card, which is permanent residency, but rather for schools that recommend students for OPT. Under this proposal, a school would pay $70,000 for its first recommendation for a student’s OPT. Subsequent recommendations, including extensions for STEM OPT, would cost $30,000 each.

This fee structure could potentially lead to significant costs for schools, especially those with many international students utilizing OPT. The DHS stated that this initial fee is meant to be comparable to fees for H-1B visas and aims to prevent students and employers from using OPT to bypass H-1B requirements. The comment period for this proposal closed on November 9, 2026, and a final rule has not yet been issued. If finalized, the rule would take effect 60 days after publication, with fees applying to recommendations dated after that date.

H-1B Payment Blocked by Court Orders

Separately, there has been a legal dispute over a proposed $100,000 payment for certain H-1B visa petitions. This payment was originally intended for new H-1B petitions for workers applying from outside the United States who required consular processing. It did not apply to petitions for workers already in the U.S. seeking a change or extension of status.

However, court rulings have blocked the collection of this $100,000 payment. While the government sought to pause proceedings related to these court orders, a judge’s refusal to pause these proceedings does not lift the block on collecting the payment. The appeal remains pending, meaning the payment is still not enforceable. Employers should not assume this fee is currently payable.

Legal Status of H-1B Payment Proposals

The legal path for the proposed H-1B payment remains unresolved due to separate court rulings. In Massachusetts, a district court vacated the policies that would have implemented the payment. The government’s request to stay this order, which would have allowed the collection of the fee while the appeal was ongoing, was denied by the First Circuit.

These court actions prevent the government from enforcing the proposed $100,000 payment. The current procedural developments do not determine the final outcome of the appeals. Therefore, the underlying legal questions about the fee’s validity are still open.

Distinguishing Between Different Immigration Proposals

It is crucial to differentiate between these various proposals to avoid confusion. The $70,000 figure is tied to a proposed school fee for OPT, not a direct payment for a green card. The $100,000 H-1B payment is a separate measure that is currently blocked by court orders.

Furthermore, other programs exist that involve financial contributions but are not directly linked to a “pay-to-stay” model for green cards. For instance, Executive Order 14351 allows for significant gifts to the Treasury ($1 million for individuals, $2 million per employee for companies) to be considered in EB-1 or EB-2 green card applications. However, this does not create new visa categories or remove existing visa limits, nor does it establish a $70,000 green card price.

Navigating Current Immigration Processes

For individuals and employers involved in the immigration process, it is important to stay informed and seek clarity. The legal landscape for immigration fees and requirements can change.

• Check Petition Status: Always verify the current status and processing times for any petition through official USCIS channels.
• Confirm Fees: Use the USCIS fee calculator to confirm applicable filing charges. Do not rely on blocked payments or proposed fees as currently due amounts.
• Consult Legal Counsel: Seek advice from immigration attorneys regarding how injunctions, pending appeals, and proposed rules might affect a specific petition or application.

Understanding the specifics of each proposal and the current legal status of any fees or requirements is essential for making informed decisions within the U.S. immigration system.

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