DHS Proposes $70,000 OPT Fee: What F-1 Students and Schools Should Know

As of October 8, 2026, the proposed OPT fees described below are not in effect. A proposed rule is open for public comment; it does not, by itself, create a new payment obligation.

The Department of Homeland Security (DHS), through U.S. Immigration and Customs Enforcement (ICE), published its Optional Practical Training Fees proposal on October 8, 2026. It would impose substantial new costs when a school recommends an F-1 student for Optional Practical Training (OPT). Students planning graduation, schools advising international students, and employers planning future training should understand both the proposal and the requirements that already apply.

What does the proposal say?

The proposed payment obligation would fall on Student and Exchange Visitor Program (SEVP)-certified educational institutions. Payment would be required before the designated school official (DSO) enters the OPT recommendation in SEVIS.

• $70,000 initial fee: the proposed initial payment for a student's OPT participation.
• $30,000 subsequent fee: a later OPT recommendation for a student who has participated in OPT and for whom the initial $70,000 fee has been paid.

The subsequent fee is not limited to STEM OPT extensions. The proposal also addresses later pre-completion or post-completion OPT recommendations. DHS gives the example of pre-completion OPT followed by post-completion OPT: $70,000 plus $30,000 would total $100,000. That amount is an example, not a universal lifetime cap or a purchase of three years of employment authorization. Eligibility and authorized training periods remain separate questions. See the proposal's discussion of the new fees.

Would schools or students bear the cost?

The school would pay the government, but DHS acknowledges that schools might pass the financial burden to F-1 students, other students, or employers, subject to applicable law. The proposal does not establish that every institution would use the same funding arrangement.

These proposed institutional fees should also be distinguished from the student's existing Form I-765 application process and its filing fee. Describing this simply as an increase in the usual work-permit application fee misses that distinction. Students should request clear written information from their school before making financial commitments based on a headline.

DHS describes its objectives as discouraging fraud, strengthening oversight and program integrity, and protecting U.S. workers. Those are the agency's stated reasons for proposing the rule, not a finding that any particular student or employer has done something wrong.

The transition rule deserves close attention

DHS proposes an effective date 60 days after publication of a final rule. The clock would not run from the October 8 publication of this proposal. No final implementation date is established by this notice.

Under the proposed transition provision, the $70,000 fee would apply to recommendations for any type of OPT dated on or after that future effective date. A later $30,000 fee would depend on the initial $70,000 fee having already been paid. This means a student already using OPT could face the initial proposed fee when requesting a later STEM OPT recommendation after the effective date. Do not assume an existing OPT approval would permanently exempt all future recommendations.

This reading follows section V.C and proposed 8 CFR 214.13(i)(3). The text may change during rulemaking. Review any eventual final rule before relying on a transition strategy.

Existing OPT requirements still matter

OPT is temporary practical training directly related to an F-1 student's major. Eligible students may generally obtain up to 12 months of OPT, with a separate 24-month STEM extension available to qualifying students. Pre-completion OPT can reduce the time available after graduation. OPT is not automatic simply because a student graduates.

A DSO recommendation and the applicable USCIS employment-authorization process remain necessary. STEM OPT has additional requirements, including an eligible degree, an E-Verify employer, and a completed Form I-983 training plan. Filing windows, authorized work dates, reporting duties, and unemployment limits also matter. A pending fee proposal does not suspend those requirements. See 8 CFR 214.2(f)(10) and (f)(11).

What students, schools, and employers can do now

1. Review the actual timeline. Gather the program end date, DSO recommendation date, current work-authorization dates, and any planned extension. Ask the DSO and counsel which deadlines apply to the particular case.
2. Ask the school about planning. Discuss how the institution is evaluating the proposal and who would make decisions about recommendations and funding if a final rule is issued.
3. Keep documentation organized. Retain Forms I-20, employment-authorization records, training plans where applicable, and school communications. Clear records make an individualized review more useful.
4. Coordinate employment plans. Employers should discuss training and timing with the student and appropriate advisers. Avoid promises based on an assumed exemption or an unannounced effective date.
5. Use the official notice. Recheck the government docket before changing a filing plan or paying a newly claimed fee. Do not let this proposal cause a missed deadline under the rules already governing the case.

Public comments are due November 9, 2026

The notice sets November 9, 2026, at 11:59 p.m. Eastern Time as the deadline for comments on the proposed rule. Comments should identify docket ICEB-2026-0100 and be submitted through Regulations.gov, following the notice's instructions. The separate December 7 deadline concerns the information-collection review; it does not replace the November 9 rule-comment deadline. Submitted comments may become public.

A useful comment can explain the practical effects on a student's training, an institution's budget and procedures, or an employer's planning, supported by specific facts. The final outcome remains uncertain while the agency considers the proposal.

Planning your next step

Cann Legal Group can help students and employers review their immigration options and the facts that affect an OPT timeline. Bring your current immigration documents and school correspondence so the discussion can focus on your circumstances.

This article provides general information as of October 8, 2026. It is not individualized legal advice.

Official government references

• DHS/ICE — Optional Practical Training Fees, proposed rule, 91 FR 64566 (October 8, 2026). Relevant portions: sections IV.C, V.A–C, I.A, and proposed 8 CFR 214.13(i).
• U.S. Government Publishing Office — official Federal Register PDF of the proposal.
• eCFR — 8 CFR 214.2(f), F-1 practical-training requirements.
• Regulations.gov — official comment page for ICEB-2026-0100-0001.