DHS Proposes $70,000 OPT Fee for International Students

The Department of Homeland Security (DHS) has proposed new fees that could signficantly increase the cost of working in the United States for international students. Schools would have to pay $70,000 the first time they recommend an F-1 student for Optional Practical Training (OPT) after the rule takes effect, and $30,000 for each subsequent recommendation.

Although schools would be responsible for paying DHS, the proposal would allow them to pass the cost to students or employers, or spread it across the student body.

The fees are proposed and are not currently in effect. DHS is accepting public comments through November 9, 2026. Any final rule would need to establish an implementation date before the fees could apply.

How OPT works today

OPT allows eligible F-1 students to work in jobs directly related to their field of study. Students can use it during their academic program, known as pre-completion OPT, or after graduation, known as post-completion OPT.

Eligible students can receive up to 12 months of OPT at each education level. Graduates with qualifying degrees in science, technology, engineering, or mathematics may also qualify for a 24-month STEM OPT extension.

To apply, a student must first receive a recommendation from their school’s designated school official, or DSO. The student then applies to U.S. Citizenship and Immigration Services (USCIS) for an employment authorization document, commonly called a work permit.

Students already pay a USCIS application fee. There is currently no separate federal fee for the school’s OPT recommendation.

What would trigger the new fees?

The proposed fee would depend on when a school recommends a student for OPT, rather than which type of OPT the student requests.

A student’s first recommendation after the effective date could trigger the $70,000 fee even if it is for a STEM OPT extension. Previous participation would not automatically qualify the student for the lower fee.

For example, a student recommended for post-completion OPT and then a STEM extension after the rule takes effect could trigger $100,000 in total recommendation fees.

Schools would have to pay before entering the recommendation in the Student and Exchange Visitor Information System (SEVIS). Under the proposal, USCIS would not grant OPT work authorization unless the required fee had been paid.

Who would pay?

The school would be responsible for submitting the payment, but would not necessarily absorb the cost.

The proposal would allow schools to charge the participating student, spread the expense across all students, or seek payment from an OPT employer. The fee would be tied to the school’s recommendation for the student, rather than to a particular employer.

Schools could seek a refund if USCIS denies the student’s OPT application or the student otherwise does not receive an OPT work permit.

Would the fees affect students already working on OPT?

The proposal would not apply retroactively to OPT employment that is already approved and underway when the rule takes effect.

However, a later recommendation could trigger a fee. A student working on approved post-completion OPT could still face the new cost when seeking a STEM extension after the effective date.

For now, the proposal does not change existing OPT work authorization or application requirements.

Why is DHS proposing the fees?

DHS says the fees would address fraud and abuse, encourage schools to exercise greater oversight when recommending students, and protect U.S. workers. The agency points to alleged misuse involving schools, employers, and students, including “pay-to-stay” schemes.

The collected fees would go to the U.S. Treasury. They would not go directly to Immigration and Customs Enforcement, which oversees the OPT program.

What students and employers can do now

For international students

• Continue following current OPT requirements and deadlines. The announcement does not create an immediate payment requirement or change your existing authorization.
• Ask your international student office about your timeline. Discuss when you will need an OPT recommendation, including a possible STEM extension, and how the school would handle fees if the proposal becomes final.
• Review future work plans with your school and prospective employer. Do not assume that existing OPT participation would exempt a later recommendation from the $70,000 fee.
• Consider submitting a public comment. Explain how the proposed cost would affect your education, finances, or ability to gain work experience related to your degree.

For employers

• Review upcoming OPT hiring and extension dates. Identify candidates and employees who may need a new school recommendation in the coming months.
• Discuss potential costs with schools and immigration counsel. The proposal allows schools to pass costs to employers, but does not automatically require employers to pay.
• Submit comments with concrete business examples. Describe how the fees could affect recruitment, staffing, budgets, and access to graduates with specialized skills.

What happens next?

DHS is accepting comments on the proposed rule from October 8 through November 9, 2026. Students, schools, employers, and other members of the public can find submission instructions in the Federal Register notice.

After reviewing comments, DHS may revise the proposal before issuing a final rule. Publication of the proposal does not guarantee that the fees will take effect in their current form.

Students and employers can continue using OPT under existing rules while preparing for the possibility of substantially higher costs for future recommendations.

{{cta-component-horizontal-aligned}}

‍