What Was Proposed
On October 8, 2026, the Department of Homeland Security published a proposed rule that would add new fees to Optional Practical Training (OPT), the program that lets F-1 students work in their field of study during or after their studies (91 FR 64566, DHS Docket No. ICEB-2026-0100).
The proposal would charge, for each F-1 student:
- $70,000 for the student's first OPT, of any type
- $30,000 for each later OPT, including post-completion OPT after pre-completion OPT, and the STEM OPT extension
This is a proposed rule. It is not in effect, and nothing changes for students or schools unless and until DHS publishes a final rule. A final rule could differ from the proposal.
Who Would Pay
Under the proposal, the fee is paid by the school, not the student or employer directly:
- The SEVP-certified school would have to pay the fee before its designated school official (DSO) enters the OPT recommendation in SEVIS. DHS states that "no DSO would be able to enter an OPT recommendation without the school having paid the applicable fee."
- The fee is tied to the school's recommendation, not to an employer. Changing employers would not trigger it; a new OPT recommendation would.
- DHS does not propose limits on how schools raise the money and "acknowledges that the schools may pass the financial obligation of this proposed fee onto F-1 nonimmigrant students, all students, or employers."
How the Two Fees Would Work Together
DHS gives an example: a student who completes pre-completion OPT and then receives a new recommendation for post-completion OPT would cost the school $70,000 plus $30,000, even with the same employer. A student who later receives a STEM OPT extension would trigger another $30,000.
So, depending on the path:
- Post-completion OPT only: $70,000
- Post-completion OPT, then STEM OPT: $70,000 + $30,000
- Pre-completion OPT, post-completion OPT, then STEM OPT: $70,000 + $30,000 + $30,000
Timing and Refunds
- Effective date: the $70,000 fee would apply to OPT recommendations dated on or after the date 60 days after a final rule is published. Later recommendations for students who already paid the initial fee would carry the $30,000 fee.
- Refunds: a school could request a refund, in SEVP's discretion, if the student has not yet received the OPT employment authorization document (EAD). The fee would not be refunded "under any circumstances" once the EAD is granted, and refund decisions could not be administratively appealed.
- Where the money goes: DHS states the fees would be deposited in the U.S. Treasury as miscellaneous receipts, not retained by ICE or SEVP.
DHS's Stated Reasons
DHS describes the fee as a response to fraud, abuse, and noncompliance in OPT and to concerns about the displacement of U.S. workers. It states that the amount "is designed to closely align with the H-1B fees," to reduce the use of OPT to avoid H-1B fees, and that it views the fees as "on par with the educational costs" of one or two years of study. DHS also says the fee is a "first step" and does not preclude further OPT changes, and that it is monitoring Curricular Practical Training (CPT), which the proposal does not cover.
For the H-1B fees referenced in the proposal, see our guide to the H-1B $100,000 payment and proposed fee.
What Students and Employers Can Do Now
Nothing in the proposal is in effect yet. Practical steps while it is pending:
- Comment by November 9, 2026. Comments must be submitted through regulations.gov under Docket No. ICEB-2026-0100. Comments on the information collection are due December 7, 2026. DHS states it will consider all comments received during the comment period and may change the rule based on them.
- Ask your school. Under the proposal, schools would decide how to fund the fee. International student offices are likely to issue guidance if a final rule is published.
- Watch the effective date. As proposed, the fee would turn on the date of the DSO's recommendation, starting 60 days after a final rule. Timing of OPT recommendations could matter if a final rule is published.
- Know the other pathways. OPT is one route from study to work. Others, such as the H-1B, the O-1 for people with extraordinary ability, and employment-based green cards, have their own requirements and costs. See our guides to H-1B cap season, the 8 O-1A criteria, and dual intent (F-1 students must maintain a foreign residence).
Key Takeaways
- DHS has proposed fees of $70,000 for a student's first OPT and $30,000 for each later OPT, including the STEM OPT extension.
- The school would pay before the DSO enters the recommendation; DHS acknowledges schools may pass the cost on to students or employers.
- As proposed, the fees would apply to recommendations dated 60 days or more after a final rule.
- The rule is not in effect. Comments are due November 9, 2026, under Docket No. ICEB-2026-0100.
Are you a student or employer planning around OPT? Schedule a consultation to review your options and timing.
Sources and References
- Optional Practical Training Fees, 91 FR 64566 (Oct. 8, 2026): Notice of proposed rulemaking, DHS Docket No. ICEB-2026-0100
- 8 CFR 214.2: F-1 practical training, paragraphs (f)(10)-(f)(12)
- 8 CFR 214.13: SEVIS fee (the section the proposal would expand)
- Regulations.gov: Submit comments under Docket No. ICEB-2026-0100
This document provides general information only and does not constitute legal advice. Immigration law is complex and individualized. Outcomes depend on specific facts and circumstances. No results are guaranteed. Always consult with a qualified immigration attorney before making decisions about your immigration case.
About Kevin J Andrews
Kevin J Andrews is a business immigration attorney with 15+ years of experience specializing in EB-1A, O-1A, NIW, and L-1 petitions. He is the founder of Kevin J Andrews Law.