Proposed rule · United States · Department of Homeland Security

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.

Added to AmendSignal

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

Who is affected

What it means in practice

  • 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.

    Optional Practical Training Fees, 91 FR 64566 (October 8, 2026) (opens in a new tab)

    DHS expects the fee to shrink the pool of OPT participants, as schools become more selective.

  • 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.

    Optional Practical Training Fees, 91 FR 64566 (October 8, 2026) (opens in a new tab)

    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.

    Optional Practical Training Fees, 91 FR 64566 (October 8, 2026) (opens in a new tab)

    DHS says employers may lose productivity if they cannot replace OPT workers, and suggests recruiting U.S. citizens or others with work authorization.

  • 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.

    Optional Practical Training Fees, 91 FR 64566 (October 8, 2026) (opens in a new tab)

    DHS expects schools to steer students away from OPT during their studies (pre-completion OPT), since using it would add a second fee.

  • 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.

    Optional Practical Training Fees, 91 FR 64566 (October 8, 2026) (opens in a new tab)

    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.

  • 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.

    Optional Practical Training Fees, 91 FR 64566 (October 8, 2026) (opens in a new tab)

    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

Open questions

The source leaves these open. We'll update this record if a later document answers them.

  • Would schools charge employers for part or all of the $70,000 or $30,000 fee?

    DHS says schools may pass the fee on to students or employers and does not restrict how schools fund it.

  • Would the $70,000 initial fee apply again when a student moves to a higher degree level?

    DHS describes this as an alternative it is considering and asks for public comment on it.

  • Would DHS end the OPT program if the fees are not adopted?

    DHS says it may shut down the program entirely without the fees, but does not commit to doing so.

Related changes

History

  1. Latest · · Issued

    Optional Practical Training Fees Source (opens in a new tab)

Sources