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

The Department of Homeland Security (DHS) has proposed a $70,000 OPT fee that colleges would have to pay before recommending an F-1 international student for Optional Practical Training (OPT), the program that lets students work in jobs tied to their major during or after their studies. The proposed rule, published in the Federal Register on Oct. 8, 2026, would also charge $30,000 for each later OPT recommendation, including the 24-month STEM extension. Public comments are due by Nov. 9.

This is a proposal, not law. As of Oct. 9, nothing has changed for students applying for or working on OPT. DHS must review comments and publish a final rule before any fee could apply.

The rule, "Optional Practical Training Fees" (91 FR 64566), comes from U.S. Immigration and Customs Enforcement (ICE), which runs the Student and Exchange Visitor Program (SEVP). DHS says the fees would fight fraud and protect U.S. workers, and that without them it "may shut down the program entirely."

What the Proposed OPT Fee Would Do

According to the full text of the proposed rule, the school, not the student, would pay the fee. An SEVP-certified college would owe a one-time $70,000 fee "for each F-1 student the first time" that student is recommended for OPT, and $30,000 before each later recommendation.

• When it is paid: before the school's designated school official (DSO) enters the OPT recommendation in SEVIS, the government's student database. U.S. Citizenship and Immigration Services (USCIS) could not approve the student's work permit if the school had not paid.
• Which OPT counts: every type. A student's first OPT, whether pre-completion OPT (during studies) or post-completion OPT (after graduation), would cost $70,000. Any later OPT, including the STEM OPT extension, would cost $30,000. DHS gives the example of a student who does pre-completion OPT and then post-completion OPT: the school would pay $100,000 in total.
• Exemptions: none, apart from the transition rule below. DHS says it considered exempting small schools and rejected the idea.
• Refunds: a school could request one only if the student has not received the employment authorization document (EAD) tied to that fee. SEVP would decide case by case, with no appeal.
• Where the money goes: the U.S. Treasury, not ICE.

The rule does not limit how schools raise the money. DHS writes that "the schools may pass the financial obligation of this proposed fee onto F-1 nonimmigrant students, all students, or employers." DHS also invites comment on an alternative that would charge the $70,000 fee again when a student moves up a degree level, such as from a bachelor's to a master's program.

DHS estimates that 2,478 schools would be affected and that the fees would total $8.4 billion to $16.5 billion a year.

What It Would Mean for Current and Future Students

The key date is the date on the DSO's recommendation. The fee would apply to recommendations "dated on or after" the final rule's effective date, which DHS proposes to set 60 days after the final rule is published. No final rule exists yet, so no start date exists yet.

• Students already on OPT, approved for OPT or recommended before the effective date: the rule says schools "will not be required to pay this fee" for that OPT.
• Current students who need another OPT recommendation later: the rule says the fee applies if a student "submits a subsequent request for OPT on or after the effective date." DHS's cost analysis adds that if no OPT fee has been paid for a student before, "they are subject to the initial fee of $70,000," and it applies that to STEM extensions during the transition. As written, a student on post-completion OPT today whose STEM extension recommendation is dated after the effective date could trigger the $70,000 fee, not $30,000.
• Current students who have not used OPT yet: if their first recommendation is dated on or after the effective date, their school would owe $70,000.
• Future and prospective students: the full schedule would apply. Whether any of the cost reaches them would depend on each school's policy, which the rule leaves open.

How Colleges and Higher Education Groups Are Responding

In an Oct. 7 statement, Fanta Aw, CEO of NAFSA: Association of International Educators, said "imposing this new fee structure on Optional Practical Training is the latest in a series of developments that creates deep uncertainty for international students." NAFSA said it would "mobilize detailed comments outlining the issues with the proposed rule."

The American Council on Education (ACE) said on Oct. 8 that the fee "could put the program out of reach for many institutions and international students." In ACE's account, Sarah Spreitzer, its vice president and chief of staff for government relations, said colleges were unlikely to absorb the cost: "They would likely pass that fee along to the student in the form of tuition and fees." ACE said it plans to submit comments and ask DHS to withdraw the proposal.

Universities are urging calm. The University of Washington's International Student Services office wrote that "this is a proposed rule, not a final rule, and these fees are not in effect," and told students to keep following current OPT rules and timelines.

The proposal follows an Oct. 5 lawsuit in which NAFSA, the Association of American Universities and two other groups sued ICE, DHS and the Justice Department over August guidance restricting Curricular Practical Training (CPT), the work program tied to coursework.

How to Comment on the OPT Rule by Nov. 9

Anyone can comment. The rule gives these instructions:

1. Go to regulations.gov and search for docket "ICEB-2026-0100."
2. Open the rule and click "Comment."
3. Write in English, include the docket number, name the section of the rule you are addressing and explain your reasons, with any data you have.
4. Submit by 11:59 p.m. Eastern time on Nov. 9.

DHS will not consider comments sent by email or letter. Comments are public, including any personal details you add. Comments on the rule's paperwork requirements are due Dec. 7. As of Oct. 9, 774 comments had been posted, according to Federal Register data.

What F-1 Students Should Do Now

The steps below are recommendations, not legal advice.

• Stick to current timelines. The proposal does not change today's OPT rules, so plan applications on the normal schedule.
• Talk to your DSO. Ask how your school is responding and whether it has a policy on who would pay if the rule is finalized.
• Plan ahead for STEM extensions. If you are on post-completion OPT and expect to need a STEM extension in 2027, ask your DSO how the proposed transition rule could affect you.
• Ask before you enroll. Prospective students can ask colleges how they would handle the fee.
• Comment by Nov. 9 if you want to. DHS says the most useful comments point to a specific part of the rule, explain the reason for a change and include supporting data.
• Watch for a final rule. It would appear in the Federal Register, and the fee would apply only to recommendations dated on or after its effective date, 60 days after publication.