The Proposed $70,000 OPT Fee: What F-1 Students Need to Know (October 2026)
On October 8, 2026, the Department of Homeland Security published a proposed rule that would require schools — not students — to pay $70,000 before recommending a student for their first Optional Practical Training (OPT), and $30,000 for each later OPT recommendation. This is a proposal only: no one pays anything today, and the rule could change substantially or never take effect. Here is what the proposal actually says, who it would affect, and what F-1 students should and should not do right now.
What DHS actually proposed
The proposal is a Notice of Proposed Rulemaking titled "Optional Practical Training Fees," docket number ICEB-2026-0100, published in the Federal Register on October 8, 2026. The core of it:
- $70,000 for the first OPT recommendation. An SEVP-certified school would pay this before its Designated School Official (DSO) could recommend a student for any type of OPT — pre-completion or post-completion — in SEVIS.
- $30,000 for each subsequent recommendation. This covers later OPT authorizations, including the 24-month STEM OPT extension. Combined, that is up to $100,000 per student for a full OPT-plus-STEM-OPT cycle.
- Schools pay, but may pass the cost on. The fee lands on the school, not the student or the employer. DHS itself acknowledges schools could shift the cost to F-1 students, to all students, or to employers.
- No fee, no EAD. DSOs could not enter an OPT recommendation in SEVIS until the school pays, and USCIS could not grant the OPT employment authorization document (EAD) without proof of payment.
DHS justifies the fees as an anti-fraud and worker-protection measure, citing investigations involving fraudulent employers, shell companies, and falsified OPT employment arrangements. The agency says the cost would push schools to scrutinize OPT recommendations more carefully. It relies on its fee-setting authority under INA section 214(a).
The scale — and why schools are alarmed
DHS's own figures illustrate why universities reacted so strongly. The proposal counts 2,478 affected SEVP-certified schools, with projected annual fee revenue of $8.4 billion to $16.5 billion — a range that itself reflects DHS's expectation that many schools would simply stop recommending students for OPT rather than pay. In 2024, 165,524 F-1 students participated in STEM OPT and another 194,554 in pre- and post-completion OPT.
For a mid-size university with a few hundred OPT students a year, the annual bill would run into the tens of millions of dollars. Smaller colleges with modest international enrollments would face six- or seven-figure costs they cannot absorb, which is why higher-education groups warn the rule would effectively end OPT at many institutions.
Proposed vs. final: the timeline that matters
This is the single most misunderstood part of the story. A proposed rule is not law. The rulemaking process from here:
- Public comment period (now through November 7, 2026). Comments must reference Docket No. ICEB-2026-0100 and be submitted through regulations.gov by 11:59 p.m. ET on November 7, 2026. Email or mailed comments do not count. Universities, employers, and students are all submitting comments.
- DHS reviews comments and decides. The agency must consider the comments, then may issue a final rule — possibly with changes — or withdraw the proposal.
- Proposed effective date: 60 days after a final rule is published. Only then would fees apply.
- Grandfathering. Students already on approved OPT, or already recommended or approved before the effective date, would not trigger the fee for that OPT period. But any new OPT recommendation on or after the effective date — including a STEM OPT extension for a student whose earlier OPT predates the rule — would trigger the fee.
Legal observers widely expect the rule, if finalized, to face immediate court challenges — similar to the litigation that has blocked the $100,000 H-1B fee. Nothing is certain, and the timeline could stretch well into 2027 or beyond.
What F-1 students should do now
- Do not panic, and do not pay anyone anything. The proposal imposes no obligation on students today. Anyone asking you for OPT-related "fee" money right now is running a scam.
- If you are eligible for OPT soon, talk to your DSO early. Students already recommended or approved before any final rule's effective date would be grandfathered for that OPT period. Your school's international office is tracking this closely.
- Consider submitting a public comment. DHS must read them. Concrete, data-driven comments about how the fees would affect your education and career carry weight. Note that submitted comments, including personal information, become public.
- Keep your status clean. Maintain full-time enrollment, report employment correctly, and keep records. If the rule is finalized, compliance history will matter more, not less.
- Watch for updates from your school, not social media. Rumors are already circulating; rely on your DSO and reputable immigration counsel.
What F-1 students should not do
- Do not rush a sloppy OPT application out of fear. A denied or defective filing helps no one; a careful, timely filing does.
- Do not assume the rule is final. Headlines saying "OPT now costs $70,000" are wrong. It is a proposal with a long road ahead.
- Do not make irreversible life decisions (turning down jobs, leaving the US) based on a proposal that may never take effect.
Frequently asked questions
Is the $70,000 OPT fee in effect now?
No. As of October 15, 2026, it is only a proposed rule. No school or student owes anything, and DSOs continue recommending OPT under the existing rules.
Would I, the student, pay the fee?
Under the proposal, the school pays. But DHS acknowledges schools could pass the cost to F-1 students — so students could end up bearing it indirectly if the rule is finalized as written.
Does the $30,000 fee apply to STEM OPT extensions?
Yes, as proposed. Each subsequent OPT recommendation — including the 24-month STEM OPT extension — would cost the school $30,000, on top of the initial $70,000.
What if I am already on OPT?
You would be grandfathered for your current OPT period. But a later recommendation (for example, a STEM extension requested after the effective date) would trigger the fee.
When will we know the outcome?
After the November 7, 2026 comment deadline, DHS will review comments and decide whether to issue a final rule. That process typically takes months. Check USCIS and your school's international office for updates rather than relying on social media.
Sources
- Duane Morris Immigration Law, DHS Proposes $70,000 and $30,000 Fees for F-1 Optional Practical Training: https://blogs.duanemorris.com/immigrationlaw/2026/10/07/dhs-proposes-70000-and-30000-fees-for-f-1-optional-practical-training/
- Manifest Law, DHS proposes $70,000 initial OPT fee, $30,000 for later requests: https://manifestlaw.com/news/dhs-proposed-opt-fees-10-07-2026
- Envoy Global, DHS Proposes Significant New Fees for F-1 OPT Program: https://www.envoyglobal.com/news-alert/dhs-proposes-significant-new-fees-for-f-1-opt-program/
This article is general information about a proposed US immigration rule, not legal advice. It reflects the proposal as of October 15, 2026 — check USCIS and the Federal Register for updates. OPT strategy is fact-specific; consult a licensed US immigration attorney or your school's DSO before acting.