American Immigration Update: DHS proposes $70,000 initial fee for F-1 student Optional Practical Training (OPT)

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DHS Proposes $70,000 Fee for Initial F-1 Student OPT Authorization

The U.S. Department of Homeland Security (DHS) has proposed a $70,000 fee tied to an F-1 student’s initial Optional Practical Training (OPT) authorization, plus $30,000 for each subsequent authorization.

The proposal is not yet in effect. It must go through public comment and federal rulemaking before DHS can finalize it.

How the Proposed OPT Fees Would Work

Under the proposal, a Student and Exchange Visitor Program (SEVP)-certified school would pay $70,000 the first time it recommends an F-1 student for Optional Practical Training (OPT), and $30,000 for each subsequent OPT recommendation.

The fees would apply to both pre-completion and post-completion OPT, including a STEM OPT extension.

After the school pays the applicable fee, its designated school official would enter the recommendation in the Student and Exchange Visitor Information System (SEVIS). The student would then apply to U.S. Citizenship and Immigration Services (USCIS) for employment authorization.

Who Would Be Responsible for Paying the Fees?

The proposal places the payment obligation on the school rather than directly on the student or a specific employer.

However, DHS acknowledges that institutions could pass the costs on to students or employers, or distribute the expense across their student body.

DHS also proposes considering refund requests on a case-by-case basis if a student ultimately does not receive work authorization.

Which OPT Authorizations Would Be Affected?

If adopted as proposed, the fees would cover several forms of Optional Practical Training, including:

  • Pre-completion OPT: Employment authorization for eligible F-1 students while they are still completing their academic programs.
  • Post-completion OPT: Temporary employment authorization after eligible students complete their studies.
  • STEM OPT extension: An extension available to eligible graduates in science, technology, engineering, and mathematics fields.

These options allow eligible international students to gain practical work experience related to their fields of study.

When Would the Proposed Rule Take Effect?

If finalized, the rule would take effect 60 days after publication of the final rule.

Until then, the proposal does not itself change the existing OPT process. Students, universities, and employers should therefore distinguish between the proposed requirements and the rules currently in force.

Current Status and Public Comment Deadlines

DHS published the proposal in the Federal Register on October 8, 2026.

The main public-comment period closes on November 9, 2026, while comments concerning the rule’s information-collection requirements are due by December 7, 2026.

DHS will review the submissions and may revise the proposal before issuing a final rule.

Why Is DHS Proposing These Fees?

DHS argues that the proposed fees would discourage schools from recommending students whose qualifications are questionable and help address alleged fraud and abuse within the OPT program.

The proposal is part of the department’s effort to strengthen oversight of the program and protect American jobs.

However, the proposal has prompted concerns about the financial burden it could place on educational institutions and the potential consequences for international students seeking U.S. work experience.

Concerns Raised by Universities and Education Advocates

Education advocates and university representatives have criticized the proposal, warning that the substantial fees could discourage international students from choosing American universities and make it harder for institutions to recruit global talent.

According to reporting by the Associated Press, NAFSA Chief Executive Officer Fanta Aw warned that driving away international students could harm U.S. innovation, economic growth, and workforce development.

Critics are particularly concerned about the potential effect on institutions that rely on international enrolment and on students who view post-graduation employment opportunities as an important part of their education.

Potential Impact on International Students, Colleges, and Employers

If adopted, the proposal could have significant implications for several groups.

International students: Students could face higher indirect education costs if institutions pass the fees on to them. Some prospective students may reconsider studying in the United States if post-graduation employment opportunities become more difficult or expensive to access.

Colleges and universities: Institutions could face difficult financial decisions, including absorbing the new expenses, distributing them across their student body, passing them on to students or employers, or becoming more selective about which students they recommend for OPT.

Employers: Businesses that recruit international graduates, particularly in technical fields, could face additional hiring costs if universities pass the fees on to employers. The proposal could also affect access to graduates with specialized skills.

More broadly, the proposal could make the United States a less attractive destination for some international students and affect the supply of graduates entering certain sectors of the workforce. However, these outcomes remain uncertain while the rule is under consideration.

What Happens Next?

The proposal will proceed through the federal rulemaking process, including the review of public comments submitted by universities, students, employers, and other interested parties.

DHS may revise the proposal in response to those comments before issuing a final rule.

Until a final rule is published and takes effect, the proposed fees should not be treated as current OPT requirements. Students and institutions should monitor official DHS and Federal Register updates for any changes.

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