DHS's Proposed OPT Fees for F-1 Students

• What did DHS propose?

  On October 8, 2026, the Department of Homeland Security published a proposed rule (Docket No. ICEB-2026-0100) that would charge new fees for F-1 Optional Practical Training (OPT). The fees would be paid by SEVP-certified schools before they recommend a student for OPT.

• How much are the proposed fees?

  • $70,000 for a student's first OPT authorization, whether pre-completion or post-completion.

  • $30,000 for each later OPT authorization, including the 24-month STEM OPT extension.

  A student who uses initial OPT and then a STEM extension would carry $100,000 in total fees.

• How big is this overall?

  DHS estimates about 2,478 schools would be affected, with $8.4 billion to $16.5 billion in fees collected each year.

• Do I have to pay anything now?

  No. This is a proposed rule only, and no new OPT fee applies today. The OPT application process and current filing fees are unchanged.

• Should I change my OPT plans?

  No. Keep following the current OPT process. Eligible students can still apply up to 90 days before their program end date. A final rule, if one is issued, may look different from this proposal.

• When could the fees actually start?

  Not until DHS reviews public comments and publishes a final rule. DHS proposes that the final rule take effect 60 days after it is published. There is no final rule and no effective date yet.

• Who would pay the fee: the student, the school, or the employer?

  The school. Under the proposal, a DSO could not enter an OPT recommendation in SEVIS until the school has paid, and USCIS could not approve the OPT work permit (EAD) without payment. Employers are not charged directly, though some observers expect schools to try to pass costs on to students or employers.

• Which types of OPT are covered?

  All of them: pre-completion OPT, post-completion OPT, and the STEM OPT extension.

• I'm already on OPT. Am I affected?

  Not for your current authorization. The fees would apply only to OPT recommendations made on or after the final rule's effective date. OPT that is already approved, underway, or recommended before that date would not be charged. A later request made after that date, such as a STEM extension, would be.

• Would changing employers trigger a new fee?

  No. The fee is tied to the school's OPT recommendation, not to a specific employer. A new recommendation for another OPT period would trigger the $30,000 fee.

• What reasons does DHS give?

  DHS cites fraud and abuse in OPT, program integrity, and protection of U.S. workers. It also says the fees would push schools to monitor student employment more closely and offset government costs.

• Does DHS expect fewer students to use OPT?

  Yes. DHS acknowledges that some schools may decline to fund OPT, and says lower participation could reduce the program's labor-market effects.

• Will this rule be challenged in court?

  Very likely, if it is finalized.

• What legal authority is DHS relying on?

  DHS points to its general power under INA section 214(a) to set conditions on nonimmigrant status. The proposal does not rest on a specific statute authorizing an OPT fee of this size.

• What are the main legal weak points?

  • Where the money goes. DHS acknowledged it has no authority to keep the fee, so the money would go to the general U.S. Treasury. That makes it look less like a user fee for a service and more like revenue raising, which critics may argue is Congress's job.

  • Fee or deterrent? DHS itself says the fees could reduce OPT participation. Whether the charge is a legitimate program fee or a tool to suppress use of OPT is likely to be a central issue in any challenge.

  • Process and reasoning. As with any rule, challengers can argue under the Administrative Procedure Act that DHS's justification and cost analysis fall short.

• Hasn't the OPT program already survived legal challenges?

  Yes, but on a different question. In the WashTech litigation, courts upheld DHS's authority to create OPT and STEM OPT. That case did not address fees of this size or SEVP's power to collect them.

• Have similar measures been blocked before?

  Recent related measures have run into court trouble. A $100,000 fee on certain H-1B petitions, set by presidential proclamation, was blocked by a federal court. A rule limiting how long F-1 students can stay in the U.S. was also blocked in September 2026. Those outcomes don't decide this rule, but they show the litigation risk.

• What are the next steps in the process?

  1. Public comment period, which is now open and closes on November 9th.

  2. DHS reviews and responds to comments.

  3. DHS publishes a final rule, which may differ from the proposal, or drops it.

  4. The final rule takes effect 60 days later, unless a court blocks it.

• Can I comment, and by when?

  Yes, the comment period ends November 9th.

• What should students, schools, and employers do now?

  • Students: Apply for OPT on the normal timeline and watch for updates from your international student office.

  • Schools: Review the proposal's budget impact and consider submitting comments.

  • Employers: Factor the proposal into recruiting plans for F-1 graduates, and consider commenting on how it would affect hiring.

This FAQ is general information, not legal advice. Please contact GLC or your DSO for any specific questions.