DHS Proposes $70,000 Fee for Initial OPT and $30,000 for Subsequent OPT

The Department of Homeland Security (DHS) has proposed a major change to the Optional Practical Training (OPT) program for F-1 students. If finalized, the proposal would require SEVP-certified educational institutions to pay $70,000 when they first recommend an F-1 student for OPT and $30,000 for each subsequent OPT recommendation.

The proposal is not currently in effect. However, because of the size of the proposed fees, it could significantly affect international students, universities and employers.

How the Proposed Fees Would Work

The proposed fees are tied to the school's OPT recommendation, not directly to the student's Form I-765 filing.

Under the proposal:

• The school would pay a $70,000 fee the first time it recommends an F-1 student for any type of OPT.

• The school would pay $30,000 for each subsequent OPT recommendation for that student.

• The $30,000 fee could apply to a subsequent period of OPT or a STEM OPT extension.

• The school must pay the applicable fee before its designated school official (DSO) can make the OPT recommendation in SEVIS.

For example, if a student receives 12 months of post-completion OPT and later receives a 24-month STEM OPT extension, the proposed fees could total $100,000: $70,000 for the initial OPT and $30,000 for the STEM extension.

The proposal would also apply the $70,000 fee to the first OPT recommendation if the student uses pre-completion OPT rather than post-completion OPT.

Although the proposed payment obligation falls on the school, DHS states that schools could pass the cost to the F-1 student, other students or employers. This could make OPT significantly more expensive or lead some schools to stop recommending certain students for OPT.

Students would still have to pay the separate USCIS filing fee for Form I-765.

Why DHS Is Proposing the Fees

DHS says the proposed fees are intended to combat fraud, strengthen the integrity of the OPT program and protect U.S. workers. DHS also states that the fees are intended to discourage the use of OPT as a way to avoid H-1B-related costs and limitations.

The proposal would represent a significant change from the current system, under which schools do not pay a fee for making an OPT recommendation.

The Proposal Is Not Yet in Effect

This is a Notice of Proposed Rulemaking, not a final rule. Current OPT rules remain in effect unless and until DHS issues a final rule that changes them.

If DHS finalizes the proposal, it would take effect 60 days after publication of the final rule. The proposed fees would apply prospectively to qualifying OPT recommendations made on or after the effective date.

Public Comments Are Due November 9

DHS is accepting public comments on the proposed rule through November 9, 2026. Comments must be submitted through Regulations.gov under DHS Docket No. ICEB-2026-0100.

F-1 students, universities, employers and other affected parties should closely monitor this proposal. Students planning to use OPT should not assume that the $70,000 or $30,000 fees currently apply to their cases.

If you have questions about how proposed OPT changes may affect your immigration plans, contact Tran Flores Law at (512) 894-9984.