{
    "schema": "amendsignal.record/1",
    "generated_on": "2026-11-02",
    "publisher": {
        "name": "AmendSignal",
        "url": "https://amendsignal.com/"
    },
    "notice": "Coverage is limited, so a missing record does not mean nothing changed. General information, not legal advice. Check the official source. Please cite the record's url.",
    "change": {
        "id": 7,
        "url": "https://amendsignal.com/changes/department-of-homeland-security-proposes-70-000-and-30-000-school-fees-for-optional-practical/",
        "title": "Department of Homeland Security proposes $70,000 and $30,000 school fees for Optional Practical Training of F-1 students",
        "change_type": "proposed_rule",
        "change_type_label": "Proposed rule",
        "status": "proposed",
        "status_label": "Proposed",
        "status_statement": "As of our last check on November 2, 2026, this is a proposal, not a requirement. Comments are due November 9, 2026.",
        "significance": "Proposed, nothing required yet",
        "jurisdiction": {
            "code": "US",
            "name": "United States"
        },
        "authority": {
            "name": "Department of Homeland Security",
            "short_name": "DHS"
        },
        "identifiers": [
            {
                "type": "fr_document_number",
                "label": "FR document",
                "value": "2026-20660"
            },
            {
                "type": "fr_citation",
                "label": "Citation",
                "value": "91 FR 64566"
            },
            {
                "type": "rin",
                "label": "RIN",
                "value": "1653-AB01"
            },
            {
                "type": "docket_id",
                "label": "Docket",
                "value": "DHS Docket No. ICEB-2026-0100"
            },
            {
                "type": "cfr_citation",
                "label": "CFR",
                "value": "8 CFR 214"
            }
        ],
        "dates": [
            {
                "type": "publication",
                "label": "Published",
                "value": "2026-10-08",
                "precision": "day"
            },
            {
                "type": "comment_close",
                "label": "Comments due",
                "value": "2026-11-09",
                "precision": "day"
            }
        ],
        "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.",
            "whos_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."
        },
        "summary": "The Department of Homeland Security (DHS) proposes that schools certified by its Student and Exchange Visitor Program pay $70,000 before first recommending an F-1 student for Optional Practical Training (OPT), and $30,000 for each later OPT recommendation, including science, technology, engineering and mathematics (STEM) OPT extensions. This is a proposed rule and requires nothing yet. Employers that hire F-1 students on OPT could see fewer candidates or higher costs if schools pass the fees on, and comments are due November 9, 2026.",
        "business_functions": {
            "state": "limited",
            "functions": [
                {
                    "slug": "human-resources",
                    "name": "Human resources"
                },
                {
                    "slug": "legal-and-compliance",
                    "name": "Legal and compliance"
                },
                {
                    "slug": "finance",
                    "name": "Finance"
                }
            ]
        },
        "added_on": "2026-11-02",
        "updated_on": "2026-11-02",
        "updates_in_progress": null,
        "last_checked": "2026-11-02",
        "record_url": "https://amendsignal.com/changes/department-of-homeland-security-proposes-70-000-and-30-000-school-fees-for-optional-practical/record.json",
        "what_changed": [
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "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.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/10/08/2026-20660/optional-practical-training-fees",
                        "locator": "SUMMARY",
                        "excerpt": "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."
                    },
                    {
                        "source": "https://www.federalregister.gov/documents/2026/10/08/2026-20660/optional-practical-training-fees",
                        "locator": "Proposed 8 CFR 214.13(i)(1)",
                        "excerpt": "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)."
                    }
                ]
            },
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "The $30,000 later fee would cover any OPT after the first, including a STEM OPT extension.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/10/08/2026-20660/optional-practical-training-fees",
                        "locator": "V.A. Establishing a Fee for Initial and Any Subsequent OPT",
                        "excerpt": "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)."
                    }
                ]
            },
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "The fee would be triggered by the school's recommendation, not by a particular employer or a change of employer.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/10/08/2026-20660/optional-practical-training-fees",
                        "locator": "V.A. Establishing a Fee for Initial and Any Subsequent OPT",
                        "excerpt": "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."
                    }
                ]
            },
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "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.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/10/08/2026-20660/optional-practical-training-fees",
                        "locator": "Proposed 8 CFR 214.2(f)(11)(ii)",
                        "excerpt": "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"
                    },
                    {
                        "source": "https://www.federalregister.gov/documents/2026/10/08/2026-20660/optional-practical-training-fees",
                        "locator": "Proposed 8 CFR 214.2(f)(11)(iii)",
                        "excerpt": "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"
                    }
                ]
            },
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "Refunds would be possible only before the student receives the work authorization document for that OPT period.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/10/08/2026-20660/optional-practical-training-fees",
                        "locator": "Proposed 8 CFR 214.13(i)(1)",
                        "excerpt": "This fee will not be refunded under any circumstances once the F-1 student has been granted the employment authorization document for OPT."
                    }
                ]
            },
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "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.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/10/08/2026-20660/optional-practical-training-fees",
                        "locator": "V.C. Transition Period and Effective Date of the Final Rule",
                        "excerpt": "DHS is proposing that the final rule take effect 60 days after the date of publication of the final rule in the Federal Register"
                    },
                    {
                        "source": "https://www.federalregister.gov/documents/2026/10/08/2026-20660/optional-practical-training-fees",
                        "locator": "V.C. Transition Period and Effective Date of the Final Rule",
                        "excerpt": "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."
                    }
                ]
            },
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "The proposal covers OPT only and does not address Curricular Practical Training (CPT).",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/10/08/2026-20660/optional-practical-training-fees",
                        "locator": "III.D. Practical Training for F-1 Nonimmigrants",
                        "excerpt": "The scope of this proposed rule is specific to OPT and does not address CPT."
                    }
                ]
            },
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "DHS says that without these fees it may shut down the OPT program entirely.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/10/08/2026-20660/optional-practical-training-fees",
                        "locator": "IV.A. Combating Fraud and Abuse of OPT",
                        "excerpt": "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."
                    }
                ]
            }
        ],
        "who_is_affected": [
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "SEVP-certified schools would pay the fees. DHS counted 2,478 schools whose F-1 students used OPT.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/10/08/2026-20660/optional-practical-training-fees",
                        "locator": "VII.A.3.a. SEVP-Certified Institutions",
                        "excerpt": "DHS found 2,478 schools that enrolled F-1 nonimmigrant students and had F-1 nonimmigrant students that participated in OPT."
                    }
                ]
            },
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "DHS acknowledges that schools may pass the fee on to students or to employers.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/10/08/2026-20660/optional-practical-training-fees",
                        "locator": "IV.C. Establishing the Optional Practical Training Fees",
                        "excerpt": "DHS acknowledges that the schools may pass the financial obligation of this proposed fee onto F-1 nonimmigrant students, all students, or employers."
                    }
                ]
            },
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "DHS names employers, including state and local governments, among the parties whose reliance on OPT it weighed.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/10/08/2026-20660/optional-practical-training-fees",
                        "locator": "VI. Reliance interests",
                        "excerpt": "Employers, including state and local governments, have a variety of methods to hire workers"
                    }
                ]
            },
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "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.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/10/08/2026-20660/optional-practical-training-fees",
                        "locator": "VI. Reliance interests",
                        "excerpt": "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,"
                    },
                    {
                        "source": "https://www.federalregister.gov/documents/2026/10/08/2026-20660/optional-practical-training-fees",
                        "locator": "VI. Reliance interests",
                        "excerpt": "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."
                    }
                ]
            },
            {
                "kind": "inference",
                "kind_label": "Our analysis",
                "text": "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.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/10/08/2026-20660/optional-practical-training-fees",
                        "locator": "VII.B.4. Regulatory Flexibility Act",
                        "excerpt": "If an OPT fee has not previously been paid for an F-1 nonimmigrant, they are subject to the initial fee of $70,000."
                    },
                    {
                        "source": "https://www.federalregister.gov/documents/2026/10/08/2026-20660/optional-practical-training-fees",
                        "locator": "VII.A.4.a. Estimated OPT Fees",
                        "excerpt": "To model the transition period in Year 1, DHS assumes all participants will pay $70,000, including those in STEM OPT."
                    }
                ]
            }
        ],
        "business_implications": [
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "DHS expects the fee to shrink the pool of OPT participants, as schools become more selective.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/10/08/2026-20660/optional-practical-training-fees",
                        "locator": "IV.C. Establishing the Optional Practical Training Fees",
                        "excerpt": "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."
                    }
                ]
            },
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "DHS says employers may lose productivity if they cannot replace OPT workers, and suggests recruiting U.S. citizens or others with work authorization.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/10/08/2026-20660/optional-practical-training-fees",
                        "locator": "VII.A.5.b. Opportunity Costs Due to OPT Reduction",
                        "excerpt": "Employers may face productivity losses if they are unable to replace F-1 nonimmigrant student OPT participants with other qualified workers."
                    },
                    {
                        "source": "https://www.federalregister.gov/documents/2026/10/08/2026-20660/optional-practical-training-fees",
                        "locator": "VI. Reliance interests",
                        "excerpt": "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."
                    }
                ]
            },
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "DHS expects schools to steer students away from OPT during their studies (pre-completion OPT), since using it would add a second fee.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/10/08/2026-20660/optional-practical-training-fees",
                        "locator": "VII.A.5.d.(3) Impact on Participation in Pre-Completion OPT",
                        "excerpt": "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."
                    }
                ]
            },
            {
                "kind": "inference",
                "kind_label": "Our analysis",
                "text": "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.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/10/08/2026-20660/optional-practical-training-fees",
                        "locator": "VII.A.6. Benefits",
                        "excerpt": "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."
                    }
                ]
            },
            {
                "kind": "inference",
                "kind_label": "Our analysis",
                "text": "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.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/10/08/2026-20660/optional-practical-training-fees",
                        "locator": "IV.C. Establishing the Optional Practical Training Fees",
                        "excerpt": "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."
                    }
                ]
            }
        ],
        "required_actions": [],
        "recommended_actions": [
            {
                "kind": "recommendation",
                "kind_label": "Our suggestion",
                "text": "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.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/10/08/2026-20660/optional-practical-training-fees",
                        "locator": "V.C. Transition Period and Effective Date of the Final Rule",
                        "excerpt": "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."
                    }
                ]
            },
            {
                "kind": "recommendation",
                "kind_label": "Our suggestion",
                "text": "Consider asking the schools you recruit from whether they would pass any fee on to employers, and building that possibility into hiring budgets.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/10/08/2026-20660/optional-practical-training-fees",
                        "locator": "IV.C. Establishing the Optional Practical Training Fees",
                        "excerpt": "DHS acknowledges that the schools may pass the financial obligation of this proposed fee onto F-1 nonimmigrant students, all students, or employers."
                    }
                ]
            },
            {
                "kind": "recommendation",
                "kind_label": "Our suggestion",
                "text": "Consider submitting comments on the proposal, citing Docket No. ICEB-2026-0100 on regulations.gov.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/10/08/2026-20660/optional-practical-training-fees",
                        "locator": "ADDRESSES",
                        "excerpt": "must be identified by Docket No. ICEB-2026-0100, through the following method:"
                    },
                    {
                        "source": "https://www.federalregister.gov/documents/2026/10/08/2026-20660/optional-practical-training-fees",
                        "locator": "DATES",
                        "excerpt": "Comments must be received on or before November 9, 2026."
                    }
                ]
            },
            {
                "kind": "recommendation",
                "kind_label": "Our suggestion",
                "text": "Consider reviewing recruiting plans for roles now filled through OPT, in case fewer OPT candidates are available.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/10/08/2026-20660/optional-practical-training-fees",
                        "locator": "IV.C. Establishing the Optional Practical Training Fees",
                        "excerpt": "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."
                    }
                ]
            }
        ],
        "required_actions_assessment": {
            "state": "assessed",
            "text": "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."
        },
        "applicability": [
            {
                "criterion": "where",
                "label": "Where",
                "answer": "United States, nationwide",
                "kind": "fact",
                "kind_label": "From the source",
                "evidence": []
            },
            {
                "criterion": "employer_type",
                "label": "Employers",
                "answer": "Employers that hire or plan to hire F-1 students on OPT, including state and local governments; the fees themselves would be paid by SEVP-certified schools.",
                "kind": "inference",
                "kind_label": "Our analysis",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/10/08/2026-20660/optional-practical-training-fees",
                        "locator": "VI. Reliance interests",
                        "excerpt": "Employers, including state and local governments, have a variety of methods to hire workers"
                    },
                    {
                        "source": "https://www.federalregister.gov/documents/2026/10/08/2026-20660/optional-practical-training-fees",
                        "locator": "IV.C. Establishing the Optional Practical Training Fees",
                        "excerpt": "DHS acknowledges that the schools may pass the financial obligation of this proposed fee onto F-1 nonimmigrant students, all students, or employers."
                    }
                ]
            },
            {
                "criterion": "size",
                "label": "Size",
                "answer": "The proposal sets no size threshold, and DHS considered and rejected exempting small schools.",
                "kind": "inference",
                "kind_label": "Our analysis",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/10/08/2026-20660/optional-practical-training-fees",
                        "locator": "VII.B.6. Regulatory Flexibility Act alternatives",
                        "excerpt": "DHS considered an alternative that exempts small educational institutions from the fee requirements in the proposed rule."
                    }
                ]
            },
            {
                "criterion": "industries",
                "label": "Industries",
                "answer": "All industries that use OPT workers, with technology and critical infrastructure named as higher-risk sectors, plus education for the schools that pay.",
                "kind": "inference",
                "kind_label": "Our analysis",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/10/08/2026-20660/optional-practical-training-fees",
                        "locator": "IV.C. Establishing the Optional Practical Training Fees",
                        "excerpt": "focus its investigative efforts on high-risk industries and sectors where OPT abuse is more likely to occur, such as technology and critical infrastructure."
                    }
                ]
            },
            {
                "criterion": "functions",
                "label": "Functions",
                "answer": "HR and recruiting for OPT hires, finance for any passed-on costs, and legal or compliance for comments.",
                "kind": "inference",
                "kind_label": "Our analysis",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/10/08/2026-20660/optional-practical-training-fees",
                        "locator": "VI. Reliance interests",
                        "excerpt": "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."
                    }
                ]
            },
            {
                "criterion": "applies_if",
                "label": "Applies if",
                "answer": "You employ or plan to employ an F-1 student whose OPT recommendation would be dated on or after a final rule's effective date.",
                "kind": "inference",
                "kind_label": "Our analysis",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/10/08/2026-20660/optional-practical-training-fees",
                        "locator": "V.C. Transition Period and Effective Date of the Final Rule",
                        "excerpt": "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."
                    }
                ]
            },
            {
                "criterion": "action",
                "label": "Action",
                "answer": "Review OPT reliance; consider commenting by November 9, 2026.",
                "kind": "recommendation",
                "kind_label": "Our suggestion",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/10/08/2026-20660/optional-practical-training-fees",
                        "locator": "DATES",
                        "excerpt": "Comments must be received on or before November 9, 2026."
                    }
                ]
            }
        ],
        "open_questions": [
            {
                "question": "Would schools charge employers for part or all of the $70,000 or $30,000 fee?",
                "context": "DHS says schools may pass the fee on to students or employers and does not restrict how schools fund it."
            },
            {
                "question": "Would the $70,000 initial fee apply again when a student moves to a higher degree level?",
                "context": "DHS describes this as an alternative it is considering and asks for public comment on it."
            },
            {
                "question": "Would DHS end the OPT program if the fees are not adopted?",
                "context": "DHS says it may shut down the program entirely without the fees, but does not commit to doing so."
            }
        ],
        "events": [
            {
                "event_type": "originating_action",
                "label": "Issued",
                "occurred_on": "2026-10-08",
                "summary": "Optional Practical Training Fees",
                "source": "https://www.federalregister.gov/documents/2026/10/08/2026-20660/optional-practical-training-fees"
            }
        ],
        "corrections": [],
        "sources": [
            {
                "label": "Optional Practical Training Fees, 91 FR 64566 (October 8, 2026)",
                "publisher": "Federal Register",
                "role": "primary",
                "url": "https://www.federalregister.gov/documents/2026/10/08/2026-20660/optional-practical-training-fees",
                "pdf_url": "https://www.govinfo.gov/content/pkg/FR-2026-10-08/pdf/2026-20660.pdf"
            }
        ]
    }
}