The proposed $70,000 OPT fee: what the Federal Register notice says, who would pay and what has not changed

PROPOSED, not in force. On 8 October 2026 DHS proposed that a school pay $70,000 before it first recommends an F-1 student for optional practical training and $30,000 before any later recommendation. Public comments are due 9 November 2026. Nothing changes for any student until DHS publishes a final rule, which the proposal says would take effect 60 days after publication.

On 8 October 2026 the Department of Homeland Security published a notice of proposed rulemaking titled "Optional Practical Training Fees" (91 FR 64566, Federal Register document 2026-20660, docket ICEB-2026-0100). The summary says the rule "proposes new fees for Optional Practical Training (OPT) to combat fraud, strengthen the integrity of the immigration system, and protect U.S. workers," and that the fees would apply "for each F-1 nonimmigrant student to engage in OPT through a Student and Exchange Visitor Program-certified institution: $70,000 for initial OPT; and $30,000 for any subsequent OPT."

This is a proposed rule. It is not law and no fee is due today. Comments "must be received on or before November 9, 2026," and comments on the information collection are due by 7 December 2026. After the comment period DHS may publish a final rule, change it or drop it. It is not settled.

This page sets out what the notice proposes, in its own words, who the notice says would pay, how the proposal interacts with the OPT rules now in force, and what DHS itself says about costs and effects. It describes the proposal. It does not predict whether it will be finalized, whether it will survive a court challenge, or what any student should do about their plans. A student's own choices about work authorization, study and travel depend on the facts of their record and are a matter for a lawyer or accredited representative, and for the school's designated school official (DSO) on the school's own procedures.

What OPT is today, under the rules in force

Optional practical training is temporary work authorization for F-1 students, in a job directly related to the student's major. The rules are in 8 CFR 214.2(f)(10) and (11). As the eCFR text in force on 1 October 2026 puts it, "A student may be authorized 12 months of practical training, and becomes eligible for another 12 months of practical training when they change to a higher educational level." The student must have been "lawfully enrolled on a full-time basis" at an SEVP-certified school for one full academic year, and "Students in English language training programs are ineligible for practical training."

Within the 12 months, OPT can be taken during vacations, part-time while school is in session (up to 20 hours a week), or after completing the course of study. Post-completion OPT must be completed "within a 14-month period following the completion of study." Eligible science, technology, engineering and mathematics (STEM) graduates can apply for a 24-month extension, with conditions: an accredited US school, a degree on the DHS STEM Designated Degree Program List, an employer enrolled in E-Verify, and a Form I-983 training plan signed by the employer. No more than two lifetime STEM extensions are allowed.

The process today has two sides:

the school's DSO recommends the student for OPT and records it in SEVIS, then issues a signed Form I-20; and
the student files Form I-765 with USCIS, which adjudicates it "on the basis of the DSO's recommendation and other eligibility considerations."

The Form I-765 fee in 8 CFR 106.2(a)(44) is $520 (as at 10 October 2026). Check the USCIS fee schedule (Form G-1055) for any other fee that applies. Under the rules in force, the school pays no per-student fee to the government for recommending OPT. The proposal would change that.

What the proposal says, step by step

The proposal adds a new paragraph (i) to 8 CFR 214.13, the section that already deals with the SEVIS fee, and revises 214.2(f)(11). The text has four moving parts.

1. The first fee: $70,000. Proposed 214.13(i)(1): "An SEVP-certified educational institution must pay a one-time initial fee of $70,000 for each F-1 student the first time that the alien is recommended to participate in OPT under section 214.2(f)(10)(ii)." The preamble adds that it "would apply to any type of OPT that the student participates in for the first time (irrespective of whether it is pre-completion OPT or post-completion OPT)."

2. The later fee: $30,000. Proposed 214.13(i)(2): the school "must pay the amount of $30,000 for each F-1 student prior to a subsequent recommendation of the alien to participate in OPT ... if the alien has previously participated in OPT and paid the initial OPT fee of $70,000." The preamble says the subsequent fee covers "regardless of whether it is another pre-completion OPT, post-completion OPT, or STEM OPT extension."

3. Payment comes first. The payment "must be made prior to the DSO recommending a student for OPT." Under revised 214.2(f)(11)(ii), the DSO must "confirm that the school has paid the applicable OPT fee" before updating SEVIS. And revised 214.2(f)(11)(iii) says USCIS "may not grant employment authorization to any student where the DSO issued the recommendation prior to the school paying the required OPT fees or where the school has failed to pay all applicable OPT fees."

4. It attaches to the recommendation, not the employer. The preamble says: "this OPT fee would not be tied to a specific employer; rather the OPT fee would be applicable when a school decides to recommend an F-1 nonimmigrant student for any type of OPT," and "The OPT fee is not triggered by a change in employer but rather a school's decision to recommend a student for any type of OPT."

The notice gives an example. If a student gets a DSO recommendation for pre-completion OPT and later one for post-completion OPT, "the school would need to pay $70,000 for the student's pre-completion OPT and $30,000 for the student's post-completion OPT." Its economic analysis then makes a further point: because that sequence costs $100,000 against $70,000 for one post-completion recommendation, "DHS assumes institutions and F-1 nonimmigrants will shift to post-completion OPT."

Who would pay: the school on paper, and perhaps others in practice

On the face of the proposal, the payer is the school. The text says the "SEVP-certified educational institution must pay" and the student does not pay DHS. But the notice does not stop the school from passing the cost on. In its words: "DHS acknowledges that the schools may pass the financial obligation of this proposed fee onto F-1 nonimmigrant students, all students, or employers. If the proposed fee is passed on to F-1 nonimmigrant students or employers, it would further discourage misuse of OPT by increasing the cost of participation for those whose intent is primarily to work or reside in the U.S. without legitimate academic purpose and for employers displacing U.S. workers."

It also says the proposal "does not propose the imposition of specific limitations or restrictions on how the schools should collect or source the requisite funds to make the fee payments for each student," so long as the school "complies with all other applicable laws, including reporting foreign gifts and contracts under 20 U.S.C. 1011f."

What a given school would do is not in the notice. Schools could absorb the cost, charge students, charge employers, or decline to recommend some students. DHS expects that last result: it says the fee "would incentivize educational institutions to exercise greater oversight and selectivity when recommending students for OPT," and that schools "would be more selective in determining which students are qualified to participate in OPT." DHS also writes that "absent these fees, it will not be able to operate OPT consistent with its focus on preventing fraud and protecting American workers and may shut down the program entirely."

A student cannot know from the notice whether their school would charge them. That depends on the school's policy if the rule is finalized. The DSO is the person to ask about the school's plans, but the DSO speaks for the school, not as a legal adviser.

Refunds, scope and timing in the proposal

Refunds. For the initial fee, the school "may request a refund if the F-1 nonimmigrant student has not received an employment authorization document for OPT for which the payment has been made." The proposal makes clear "that this fee would not be refunded under any circumstances once the F-1 nonimmigrant student has received an employment authorization document for OPT." The DSO must remove the OPT recommendation in SEVIS before requesting a refund. SEVP reviews each request "on a case-by-case basis," and its decision is "final and not appealable." Subsequent fees follow the same pattern, tied to the document for the subsequent OPT or extension.

What the proposal does not cover. The notice says: "The scope of this proposed rule is specific to OPT and does not address CPT." Curricular practical training, which is authorized by the DSO as part of the curriculum, is not part of the proposal. The notice makes only wording changes to the SEVIS fee provisions (it relabels them "SEVIS fee") and proposes no change to the Form I-765 or Form I-539 fees.

Alternative DHS is considering. DHS "has also considered, as an alternative to the approach described above, having the one-time initial fee of $70,000 apply again to any initial period of OPT following the F-1 student's change to a higher educational level (e.g., to a post-bachelor's degree OPT and again to the student's master's degree OPT)." It invites comments on that alternative. This would mean a second $70,000 at the second degree level.

Timing. The proposal would take effect "60 days after the date of publication of the final rule." The $70,000 would "start to apply for F-1 nonimmigrant students who will receive a DSO recommendation for any type of OPT that is dated on or after the effective date of the final rule." After that, later recommendations for a student for whom the $70,000 has been paid are subject to the $30,000. DHS says it is "proposing to apply this rule prospectively to those F-1 nonimmigrant students who apply for OPT after the effective date." Until a final rule is published, no fee exists, and the proposal does not set a date for a final rule.

How DHS explains the proposal, and what it estimates

The notice gives its reasons in several places. In summary, DHS says the fee would "deter the participation by adverse actors and increase the level of oversight and scrutiny by schools when endorsing OPT," curb "visa mill" activity, and discourage use of OPT "to bypass H-1B caps, fees, and prevailing wage requirements." It describes the F-1 classification this way: "The F-1 visa was never intended to provide a pathway to employment in the United States." The notice also acknowledges that "the proposed fees are not nominal amounts."

Its economic analysis, which is DHS's own estimate and not a finding of fact, includes these figures:

2,478 schools enrolled F-1 students who participated in OPT in 2022 to 2024, and DHS treats those as the regulated population.
In the highest year of its data, calendar year 2024, there were 194,554 OPT participants and 95,384 STEM OPT participants.
In its low scenario, based on 2022 to 2024 averages, DHS estimates an annual OPT population of 88,374 and a STEM OPT population of 74,088. In its high scenario it assumes no change in recommendations.
The annual fees collected "would range from $8.4 billion to $16.5 billion, with a primary estimate of $12.4 billion." DHS classifies these as transfers from schools to the federal government.
It estimates that about 56 percent of OPT participants obtained a STEM OPT extension the following year (based on 2021 to 2024 data).

DHS also states that it "cannot confidently predict the extent of any reduction in participation due to these new requirements," and it expects "opportunity costs" to schools, students and employers. In its words: "If educational institutions are unable to pay or choose not to pay the fee for OPT/STEM OPT, there would be opportunity costs to the SEVP-certified institutions, F-1 nonimmigrant students, and employers."

These are projections inside a proposed rule. They are useful for understanding the scale DHS has in mind, and they say nothing certain about what would happen to any student or school.

How to follow the proposal, and how comments work

The proposal is in the Federal Register at 91 FR 64566, and the docket is ICEB-2026-0100 on regulations.gov. The notice's instructions on comments are specific:

Comments are submitted online through the Federal eRulemaking Portal. They "must be received on or before November 9, 2026," and must be in by 11:59 p.m. Eastern time on the last day of the comment period.
Comments "must be submitted in English, or an English translation must be provided," and must include the docket number and indicate which section each comment concerns.
Comments sent by other means do not count: "Comments submitted in a manner other than the Federal eRulemaking Portal, including emails or letters sent to the Department of Homeland Security (the Department or DHS), will not be considered comments, and will not receive a response from DHS."
Comments are public. DHS "will post your comments to the federal e-Rulemaking Portal at https://www.regulations.gov and will include any personal information you provide." The notice suggests limiting personal information.
Comments on the information collection (Paperwork Reduction Act) are due by 7 December 2026, to the same docket or to the Office of Information and Regulatory Affairs.

After the comment period, DHS reviews the comments and may publish a final rule. The notice says DHS "will consider all comments and materials received during the comment period and may change this rule based on your comments." A final rule would appear in the Federal Register with its own effective date, and it could be challenged in court. This page does not assess that.

Because rules in this area have shifted quickly in 2026, treat any number you see online with a date attached. Related pages: the F-1 four-year limit and the end of duration of status, the 30-day F-1 grace period and the 60-day grace period proposal, which is another proposed rule.

Where readers misread the proposal

Treating it as in force. The notice is a proposal, and the fee text sits in a "[60 DAYS AFTER DATE OF PUBLICATION OF THE FINAL RULE]" placeholder.
Assuming the student pays DHS. The proposed text puts the payment on the school. Whether a school passes it on is a separate question the notice leaves open.
Assuming it applies to CPT. The notice says it does not.
Treating the $70,000 as per employer. The notice ties it to the recommendation, not the employer.
Reading "$70,000 and $30,000" as a combined cost for every student. The $30,000 applies to a later recommendation after the initial fee has been paid, and the notice's own example shows a student who gets both pre- and post-completion OPT would trigger both.
Quoting the economic estimates as predictions. They are DHS's modelling assumptions.
Mixing up this proposal with the final rule on duration of status, which is already effective (see our page on the F-1 four-year limit), or with the proposal to end the 60-day grace period for certain workers.
Taking advice from someone who is not authorized to give it. Only an attorney or a DOJ-accredited representative can advise on immigration status and work authorization. A DSO or a school's international office is a source for the school's procedures.

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Questions people ask

Is the $70,000 OPT fee in effect?

No. It is a proposed rule published on 8 October 2026 (91 FR 64566). Comments are due 9 November 2026. DHS would have to publish a final rule, and the proposal says that rule would take effect 60 days after publication. Until then, the OPT rules in 8 CFR 214.2(f) apply as written.

Who would pay the $70,000, the student or the school?

The proposed text says the SEVP-certified school "must pay" before the DSO recommends the student for OPT. The notice acknowledges that "schools may pass the financial obligation of this proposed fee onto F-1 nonimmigrant students, all students, or employers." What a school would do is not in the notice.

Does the proposed fee apply to STEM OPT?

Yes, as a subsequent recommendation. The proposal says the $30,000 fee applies to any OPT after the initial one, including a "STEM OPT extension." The $70,000 initial fee applies the first time the school recommends the student for any type of OPT.

Would the fee apply to CPT?

No. The notice says: "The scope of this proposed rule is specific to OPT and does not address CPT."

Could the fee be refunded?

Only in limited cases. A school may request a refund if the student has not received the employment authorization document, at SEVP's discretion, case by case. Once the student has received the document, the proposal says the fee "would not be refunded under any circumstances."

How do I comment on the proposed rule?

Through the Federal eRulemaking Portal at regulations.gov, using docket number ICEB-2026-0100, by 11:59 p.m. Eastern time on 9 November 2026. The notice says comments sent by email or letter "will not be considered comments." Comments are posted publicly.

Sources

Last checked 2026-10-10.

Related guides

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