DHS Invites Feedback on OPT Fee Proposal, with Fees Deposited to U.S. Treasury

DHS has proposed new Optional Practical Training charges that schools, rather than students, would pay: $70,000 for an initial authorization and $30,000 for...

Key Takeaways
  • DHS proposed new OPT charges on October 7, 2026; the proposal is not in effect and needs a final rule.
  • Schools, not students, would pay $70,000 per initial authorization and $30,000 for an additional authorization.
  • Public comments are due November 9, 2026; DHS will review feedback before deciding whether to finalize or revise the proposal.

The Department of Homeland Security proposed new charges for Optional Practical Training on October 7, 2026, and invited public feedback before deciding whether to finalize them. Collected fees would go to the Treasury of the United States. The proposal is not in effect.

Schools, rather than students, would have to submit the proposed payments for each student authorized to take part. The department has not imposed a charge. Any fees would require a final rule.

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DHS Invites Feedback on OPT Fee Proposal, with Fees Deposited to U.S. Treasury
DHS Invites Feedback on OPT Fee Proposal, with Fees Deposited to U.S. Treasury

The comment window opens October 8, 2026, and closes November 9, 2026. DHS will review submissions before deciding what to do next.

The rule’s Paperwork Reduction Act provisions have a separate 60-day public comment period. That review runs on its own schedule.

The Federal Register notice provides instructions for submitting comments for DHS consideration. The department says it will review properly submitted comments and materials after the public period ends.

DHS may change the proposal in response to that feedback. The department must publish a final rule before the charges can take effect.

Schools could face millions before an extension

The proposed payment would vary by authorization type. Schools would be responsible for the bill.

AuthorizationProposed school payment
Initial authorization$70,000
Additional authorization, including a STEM extension$30,000
Initial authorization plus an additional period$100,000

A school with 100 new participants could face $7,000,000 in initial charges under the proposal. That is before any additional authorization.

A school with 100 initial participants and 100 renewals could face $10,000,000 in proposed payments. Those figures illustrate potential exposure, not charges already due.

Existing government filing costs tied to the program are far lower than the proposed amounts, according to the research on the rule. The material gives no comparison figure.

Although schools would formally pay, the added costs could affect institutional budgets and recruitment of international students. Tuition costs could also be affected.

Employers that hire international graduates could feel the effects if schools reduce participation. The proposal may also make it harder for graduates to gain work experience before seeking later H-1B sponsorship.

The charges would attach to work authorization after graduation

The program allows eligible F-1 students to work in jobs related to their field of study for up to 12 months. It follows graduation.

Eligible graduates in science, technology, engineering and mathematics can seek an additional 24 months. That creates a possible 36 months total.

The proposed initial payment would cover the first authorization period, while the additional charge would apply to another authorization, including the STEM extension. Schools would pay both amounts when applicable.

The proposal would not immediately change eligibility or require payment from schools. Current rules remain in place while DHS considers comments.

The financial burden could fall most heavily on institutions with many international students. One hundred initial participants alone would expose a school to $7,000,000 in proposed fees.

Some graduates use the added STEM period to build experience and pursue H-1B sponsorship. A $30,000 school charge for that additional authorization could make the route harder for institutions to finance.

The proposal could also affect international students seeking U.S. work experience after graduation. Colleges that recruit students for tuition revenue and employers hiring technical graduates could face related consequences.

DHS and educators describe sharply different aims

DHS says the proposal is intended to make it easier for U.S. citizens to compete for jobs. The department has also characterized the program as vulnerable to fraud and abuse.

It described the program as a “pipeline for cheap foreign labor.” A DHS spokesperson called it a “back door” into the U.S. workforce.

The spokesperson said, “DHS is upskilling OPT to require foreign students to justify their worth to employers.” The comments mark the department’s case for tighter requirements.

Joseph Edlow, director of U.S. Citizenship and Immigration Services, has previously opposed post-graduation work through the program. At a Senate confirmation hearing in 2025, he said he wanted to eliminate all post-graduation work options available through it.

Fanta Aw, chief executive officer of NAFSA: Association of International Educators, defended the opportunity. NAFSA says international students gain practical experience through the program, while employers can address labor shortages, particularly in STEM fields.

Aw said the effects of excluding international graduates would extend beyond individual students:

“Driving away the talents, perspectives, and aspirations of international students will only hurt American innovation, economic growth, workforce development, and global leadership.”

Other immigration rules remain tied up in separate disputes

DHS has proposed a separate $103,265 charge for many new H-1B cap-subject petitions. Comments on that proposal closed September 24, 2026.

A different presidential H-1B fee of $100,000 was blocked in Oakland, California, on September 30, 2026. U.S. District Judge Haywood Gilliam found that U.S. Citizenship and Immigration Services and the State Department had not followed required rulemaking procedures.

That ruling concerns a different fee. The student-work proposal is moving through DHS rulemaking.

Another dispute involves a rule that would replace “duration of status” admissions for F-1 students with fixed admission periods. Judge F. Dennis Saylor IV of the U.S. District Court for the District of Massachusetts postponed the rule on September 14, 2026.

DHS, ICE and other federal defendants appealed on September 30, 2026. The duration-of-status rule remains blocked nationwide while the case proceeds, and F-1 students continue to be admitted under that system.

SEVP plans more notices through its student channels

The Student and Exchange Visitor Program plans to share further information through SEVIS Broadcast Messages, Study in the States and field representatives. Those channels will carry updates on the proposal.

DHS also directs readers to the Notice of Proposed Rulemaking in the Federal Register, the Practical Training page on ICE.gov/SEVP and the Training Opportunities in the United States page on Study in the States. The department may revise the text after reviewing the public submissions.

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Priya Nair

Priya Nair is VisaVerge.com's Work Visa Correspondent, specializing in employment-based immigration — H-1B, L-1, O-1, TN, OPT, and the PERM and green-card process. She breaks down lottery odds, prevailing-wage rules, and employer obligations for the skilled professionals who navigate them every year. Priya's guides help workers and employers make confident, well-informed decisions about building a career in the United States.