DHS Proposes $70,000 Initial OPT Fee and $30,000 for Subsequent OPT
The Department of Homeland Security (DHS) has proposed substantial new fees for Optional Practical Training (OPT), which allows eligible F-1 international students to work in positions related to their field of study. The proposed rule is not yet in effect.
Under the proposal, schools would pay $70,000 before issuing a student’s first OPT recommendation after the rule takes effect, even if the student previously obtained OPT. Each subsequent recommendation, including a STEM OPT extension, would require another $30,000 payment once the initial fee has been paid. Schools could pass these costs to students or employers. USCIS would not grant OPT employment authorization unless the school paid the required fee before issuing its recommendation.
DHS describes the proposal as an effort to combat fraud, strengthen oversight of OPT, and protect U.S. workers. If implemented, the fees could create significant financial barriers for international students seeking practical training and employers seeking to hire them.
Schools could request refunds only if the student had not been issued the associated Employment Authorization Document and the school had removed the OPT recommendation from SEVIS. Refunds would not be available once the document was issued.
Public comments are due by November 9, 2026. DHS will then review the comments before deciding whether to issue a final rule, which could differ from the current proposal. DHS proposes an effective date 60 days after publication of a final rule, with the fees applying to OPT recommendations dated on or after that date. Earlier recommendations would not trigger the fees, but a later recommendation—including for a STEM extension—could.
We will continue to monitor the implementation of the proposed rule and provide updates as additional information becomes available.
This alert is for informational purposes only. Please contact us if you would like to discuss these developments further.