The Department of Homeland Security’s proposed OPT-fee rule would spare students already approved for Optional Practical Training, or already working under it, from the new charge for that existing period. But the proposal is not in effect, and a later recommendation could still expose a student’s school to a large bill.
DHS released the proposal on October 7, 2026, and it appeared in the Federal Register the next day. The department proposes that a final rule take effect 60 days after publication.
The protection is limited to OPT approved, underway or recommended before that effective date. It does not automatically cover a student’s next OPT recommendation.
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That distinction could affect students seeking an extension after the rule takes effect. A student already working under post-completion OPT could face a fee if the school later recommends a STEM OPT extension.
A later recommendation could still trigger a charge
DHS would require a SEVP-certified school to pay $70,000 for its first recommendation of an F-1 student for OPT. A later recommendation would carry a $30,000 charge only if the school had already paid the initial fee for that student.
That second tier could apply to another OPT period, including post-completion OPT after pre-completion OPT, or a STEM OPT extension. If the student’s earlier recommendation came before the rule’s effective date, the school may not have paid the initial charge. The later recommendation could then fall into the $70,000 tier instead.
The fee obligation would formally belong to the school, not the student. DHS has acknowledged that institutions could pass the expense to students, employers or the broader student body.
Schools would have to pay before issuing an OPT recommendation and before the student applied to U.S. Citizenship and Immigration Services for employment authorization. Before this proposal, schools did not pay a $70,000 charge to recommend a student.
The proposal lists the fees as a condition of the recommendation. It does not change the fact that the student must still apply to USCIS for an Employment Authorization Document.
OPT still runs through a school recommendation and USCIS
OPT gives eligible F-1 students work experience related to their academic major. Standard post-completion authorization generally lasts up to 12 months.
Eligible STEM graduates can seek a 24-month STEM OPT extension, allowing up to 36 months of OPT in total. Students begin the process with a recommendation from their designated school official, then apply to USCIS for employment authorization.
The existing USCIS filing fee is reported at about $470 to $520, depending on the applicable filing amount. The proposed school charge would sit on top of that process, rather than replace the application for authorization.
DHS’s proposal would make the school recommendation a major institutional financial decision. A school considering a first recommendation would face a different tier from one that had already paid the initial charge for the student.
DHS says the charges would deter abuse and protect workers
A DHS spokesperson said the department wanted to discourage fraud and abuse, strengthen the immigration system’s integrity and protect U.S. workers. The department also argued the fees would push schools to scrutinize OPT recommendations more closely.
“Optional Practical Training was never meant to be a back door into the American workforce, a subsidy for cheap labor, or a prize for those who game the system.”
The spokesperson added: “DHS is upskilling OPT to require foreign students to justify their worth to employers. American workers should not have to compete against a program that has been turned into a pipeline for cheap foreign labor.” DHS estimated the fees could generate $12.4 billion annually if the rule is finalized.
Fanta Aw, executive director and CEO of NAFSA: Association of International Educators, said the proposal would deepen uncertainty for international students.
“Imposing this new fee structure on Optional Practical Training is the latest in a series of developments that creates deep uncertainty for international students.”
“Driving away the talents, perspectives, and aspirations of international students will only hurt American innovation, economic growth, workforce development, and global leadership.”
Zuzana C. Wootson, deputy director of federal policy at the Presidents’ Alliance on Higher Education and Immigration, called the proposal “yet another attempt to dismantle the international talent pipeline that is crucial to US global competitiveness.” She said the fees could put OPT beyond the reach of students and institutions, harming campuses, employers and communities.
Wootson warned employers could “lose access to graduates who help meet workforce needs in STEM, healthcare, and research,” and urged DHS to withdraw the proposal and protect the program. Randy McCrillis, vice provost for global engagement at the University of Utah, described it as “a disappointment and disruption.”
Doug Rand, director of the Talent Mobility Fund, wrote on LinkedIn on October 7, 2026: “This proposed rule isn't going to fare well in the courts, just as the 100k H-1B fee and other restrictionist policies have been struck down.”
Public comments on the proposal are due November 9, 2026. If DHS issues a final rule, the department proposes waiting 60 days after publication before it takes effect.
