Indian students in US: Will Democrats challenge Trump’s proposed OPT fees and visa policies after midterm win?

For Indian students planning to study in the US, a Democratic victory in the midterm elections offers a possible counterweight to Donald Trump’s immigration agenda. But it is unlikely to bring any immediate relief to those worried about student visas, post-study work opportunities and the prospect of staying in the country after graduation.

Democrats have taken control of both the House of Representatives and the Senate. The shift gives them greater room to question the administration’s immigration decisions and challenge proposals affecting international students. Trump, however, remains in office, and his administration will continue to oversee visa and immigration policy.

The concern is particularly significant for Indian students, many of whom see the opportunity to work in the US after graduation as an important part of their education plans.

According to the Institute of International Education’s Open Doors 2025 report, the number of Indian students in the US stood at 363,019 during the 2024-25 academic year. As many as 143,740 were on Optional Practical Training (OPT), up 47.3 per cent from the previous year. OPT allows eligible international students to work in jobs related to their field of study for up to 12 months after graduation. Those with qualifying STEM degrees can seek an additional 24 months.

A $70,000 proposal adds to uncertainty

In a proposed rule published on October 8, the Department of Homeland Security proposed a $70,000 fee for an F-1 student's first participation in OPT and $30,000 for any subsequent OPT participation. Under the proposal, the institution recommending the student would be responsible for paying the fee. However, universities could pass some of the additional cost on to students or employers.

The public comment period closes on November 9. The proposed fees are not yet in force. DHS will review the submissions before deciding whether to issue a final rule, which, under the proposal, would take effect 60 days after publication.

Democrats could use their new congressional majority to summon administration officials, question the financial implications and press for changes. But they cannot simply strike down the proposal through a change in congressional control.

The H-1B question is far from settled

For many Indian graduates, OPT is a stepping stone to an H-1B visa, which allows them to continue working in the US through employer sponsorship. The prospect of securing one has become another source of uncertainty amid the administration’s immigration restrictions.

The green-card backlog is a separate concern. Indian professionals face particularly long waits for employment-based permanent residency, partly because US law generally limits each country's share of family-sponsored and employment-based immigrant visas to 7 per cent of the annual combined total.

Student visa figures offer another indication of the difficulties facing Indian applicants. An analysis of US State Department data by Abroad Brief found that the US issued 30,317 F-1 student visas to Indian nationals in 2025, down from 76,695 in 2024. The decline was particularly sharp between May and August, when issuances fell from 58,694 to 22,149.

For Indian students, the election result may have changed the political equation in Washington, but the uncertainty around studying and working in the US remains. A Democratic majority could put pressure on the Trump administration over its immigration decisions, particularly the proposed OPT fees and employment visa restrictions. Whether that pressure leads to any change is another matter.

The new Congress takes office on January 3, 2027. Until then, students waiting on visa decisions or preparing to enter the US will have little choice but to follow developments closely. The bigger question is whether the Democrats will use their new power to challenge policies that could make studying and working in the US more difficult for international students.