Department of Homeland Security proposes $70,000 and $30,000 school fees for Optional Practical Training of F-1 students
As of our last check on November 2, 2026, this is a proposal, not a requirement. Comments are due November 9, 2026.
We check the Federal Register daily for later actions. We check federal court opinions for rulings on published rules weekly, on Mondays. A ruling can take time to reach us, so not finding one here does not mean there is none.
In short
- What changed
- The Department of Homeland Security (DHS) proposes that schools certified by its Student and Exchange Visitor Program (SEVP) pay $70,000 before recommending an F-1 student for Optional Practical Training (OPT) for the first time, and $30,000 for each later OPT recommendation. This is a proposal only.
- Who's affected
- The fees would fall on SEVP-certified schools, not employers, but DHS says schools may pass the cost to students or employers. Employers that hire F-1 students on OPT, including science, technology, engineering and mathematics (STEM) OPT extensions, could see fewer candidates or higher costs.
- What to do
- This proposed rule creates no duties for employers now. If you rely on OPT or STEM OPT workers, consider reviewing that reliance and commenting by November 9, 2026.
What changed
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From the sourceSUMMARY
The following 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.
Also: Proposed 8 CFR 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).
DHS proposes a $70,000 fee for each F-1 student's first OPT recommendation and a $30,000 fee for any later OPT recommendation, paid by the SEVP-certified school.
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From the sourceV.A. Establishing a Fee for Initial and Any Subsequent OPT
this subsequent $30,000 fee would apply to any type of OPT that an F-1 nonimmigrant student participates in after having completed their initial OPT (regardless of whether it is another pre-completion OPT, post-completion OPT, or STEM OPT extension).
The $30,000 later fee would cover any OPT after the first, including a STEM OPT extension.
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From the sourceV.A. Establishing a Fee for Initial and Any Subsequent OPT
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.
The fee would be triggered by the school's recommendation, not by a particular employer or a change of employer.
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From the sourceProposed 8 CFR 214.2(f)(11)(ii)
Prior to the DSO issuing a recommendation to a student for OPT, the DSO must confirm that the school has paid the applicable OPT fee for the student
Also: Proposed 8 CFR 214.2(f)(11)(iii)
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
A designated school official (DSO) would have to confirm the fee was paid before recommending the student. U.S. Citizenship and Immigration Services (USCIS) could not grant work authorization if the fee was not paid first.
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From the sourceProposed 8 CFR 214.13(i)(1)
This fee will not be refunded under any circumstances once the F-1 student has been granted the employment authorization document for OPT.
Refunds would be possible only before the student receives the work authorization document for that OPT period.
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From the sourceV.C. Transition Period and Effective Date of the Final Rule
DHS is proposing that the final rule take effect 60 days after the date of publication of the final rule in the Federal Register
Also: V.C. Transition Period and Effective Date of the Final Rule
The OPT fee of $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.
DHS proposes that a final rule take effect 60 days after it is published, and that the fees apply to OPT recommendations dated on or after that date.
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From the sourceIII.D. Practical Training for F-1 Nonimmigrants
The scope of this proposed rule is specific to OPT and does not address CPT.
The proposal covers OPT only and does not address Curricular Practical Training (CPT).
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From the sourceIV.A. Combating Fraud and Abuse of OPT
DHS notes that without the fees proposed in this rule, it cannot operate OPT consistent with its focus on preventing fraud and may shut down the program entirely.
DHS says that without these fees it may shut down the OPT program entirely.
Who is affected
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From the sourceVII.A.3.a. SEVP-Certified Institutions
DHS found 2,478 schools that enrolled F-1 nonimmigrant students and had F-1 nonimmigrant students that participated in OPT.
SEVP-certified schools would pay the fees. DHS counted 2,478 schools whose F-1 students used OPT.
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From the sourceIV.C. Establishing the Optional Practical Training Fees
DHS acknowledges that the schools may pass the financial obligation of this proposed fee onto F-1 nonimmigrant students, all students, or employers.
DHS acknowledges that schools may pass the fee on to students or to employers.
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From the sourceVI. Reliance interests
Employers, including state and local governments, have a variety of methods to hire workers
DHS names employers, including state and local governments, among the parties whose reliance on OPT it weighed.
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From the sourceVI. Reliance interests
SEVP-certified institutions will not be required to pay this fee for an F-1 nonimmigrant student's OPT if the student is currently engaging in previously approved OPT,
Also: VI. Reliance interests
However, under this proposed rule, if the F-1 nonimmigrant student submits a subsequent request for OPT on or after the effective date of the final rule, the fee provisions as outlined in this proposed rule will apply.
Students already working on previously approved OPT would not trigger the fee, but a later OPT request made on or after the effective date would.
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Our analysisVII.B.4. Regulatory Flexibility Act
If an OPT fee has not previously been paid for an F-1 nonimmigrant, they are subject to the initial fee of $70,000.
Also: VII.A.4.a. Estimated OPT Fees
To model the transition period in Year 1, DHS assumes all participants will pay $70,000, including those in STEM OPT.
A current OPT worker who seeks a STEM OPT extension after the effective date would likely trigger the $70,000 fee rather than $30,000, because no fee would have been paid for the earlier OPT.
What it means in practice
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From the sourceIV.C. Establishing the Optional Practical Training Fees
This fee would result in a smaller pool of participants, as schools would be more selective in determining which students are qualified to participate in OPT.
DHS expects the fee to shrink the pool of OPT participants, as schools become more selective.
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From the sourceVII.A.5.b. Opportunity Costs Due to OPT Reduction
Employers may face productivity losses if they are unable to replace F-1 nonimmigrant student OPT participants with other qualified workers.
Also: VI. Reliance interests
To the extent employers staffing levels may be impacted by this proposed fee, they can minimize this impact by recruiting U.S. citizens or candidates with other lawful work authorization to fill the vacancies.
DHS says employers may lose productivity if they cannot replace OPT workers, and suggests recruiting U.S. citizens or others with work authorization.
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From the sourceVII.A.5.d.(3) Impact on Participation in Pre-Completion OPT
DHS anticipates that institutions would encourage F-1 nonimmigrants to use only post-completion OPT to benefit from the fee differential for the same total authorized OPT period.
DHS expects schools to steer students away from OPT during their studies (pre-completion OPT), since using it would add a second fee.
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Our analysisVII.A.6. Benefits
To the extent that some F-1 nonimmigrant students in OPT are replaced with FICA-subject workers, there could be additional transfers for federal taxes collected.
Payroll costs could rise where OPT workers, who are often exempt from Federal Insurance Contributions Act (FICA) taxes, are replaced by workers subject to those taxes.
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Our analysisIV.C. Establishing the Optional Practical Training Fees
DHS does not believe that simply extending those requirements to the initial period of post-completion OPT would be sufficient as an initial response to the overarching OPT program integrity concerns.
The proposal does not add new reporting or training-plan duties for employers. DHS considered extending STEM OPT employer requirements to other OPT and chose a fee instead.
What to do
Required
This is a proposed rule, so it creates no requirements yet. As proposed, the fees would be paid by SEVP-certified schools, not by employers.
Worth considering
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Our suggestionV.C. Transition Period and Effective Date of the Final Rule
The OPT fee of $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.
Consider identifying employees and candidates on OPT or STEM OPT, and when each would next need a school recommendation (for example, a STEM OPT extension), since recommendations dated on or after a final rule's effective date would carry the fee.
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Our suggestionIV.C. Establishing the Optional Practical Training Fees
DHS acknowledges that the schools may pass the financial obligation of this proposed fee onto F-1 nonimmigrant students, all students, or employers.
Consider asking the schools you recruit from whether they would pass any fee on to employers, and building that possibility into hiring budgets.
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Our suggestionADDRESSES
must be identified by Docket No. ICEB-2026-0100, through the following method:
Also: DATES
Comments must be received on or before November 9, 2026.
Consider submitting comments on the proposal, citing Docket No. ICEB-2026-0100 on regulations.gov.
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Our suggestionIV.C. Establishing the Optional Practical Training Fees
This fee would result in a smaller pool of participants, as schools would be more selective in determining which students are qualified to participate in OPT.
Consider reviewing recruiting plans for roles now filled through OPT, in case fewer OPT candidates are available.
Open questions
The source leaves these open. We'll update this record if a later document answers them.
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Would schools charge employers for part or all of the $70,000 or $30,000 fee?
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Would the $70,000 initial fee apply again when a student moves to a higher degree level?
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Would DHS end the OPT program if the fees are not adopted?
Related changes
History
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Optional Practical Training Fees Source (opens in a new tab)