California Attorney General Rob Bonta and a coalition of attorneys general have urged the Department of Homeland Security (DHS) to withdraw its proposed fees for Optional Practical Training (OPT).
In a comment letter dated November 9, 2026, the coalition challenged a DHS proposal that would require colleges and universities to pay $70,000 before recommending an F-1 student for their first period of OPT and $30,000 before each subsequent OPT recommendation, including a STEM OPT extension. (oag.ca.gov)
The most important point for students is that the proposed OPT fees are not currently in effect. DHS has not published a final rule, and the existing OPT and STEM OPT application process remains unchanged as of November 11, 2026.
DHS published the proposed rule, titled “Optional Practical Training Fees,” in the Federal Register on October 8, 2026. The general public-comment period closed on November 9, although comments concerning the proposal’s information-collection requirements remain open through December 7, 2026. (govinfo.gov)
Under the proposal:
| OPT recommendation | Proposed payment |
|---|---|
| First recommendation for any type of OPT | $70,000 |
| Each subsequent recommendation | $30,000 |
A Student and Exchange Visitor Program-certified school would have to make the payment before its Designated School Official (DSO) could enter the OPT recommendation in the Student and Exchange Visitor Information System (SEVIS). Without that recommendation, the student could not proceed with the normal Form I-765 employment authorization application. (public-inspection.federalregister.gov)
Although the school would be responsible for transmitting the payment, DHS acknowledges that institutions could pass the financial obligation to F-1 students, employers, the broader student population or outside contributors, subject to other applicable laws. (public-inspection.federalregister.gov)
Readers can find a more detailed breakdown in Day1CPT.org’s explanation of the proposed $70,000 OPT fee.
The coalition includes California and attorneys general from 23 other states and jurisdictions. Its November 9 comment letter asks DHS to withdraw the proposal, making several legal and practical arguments.
The attorneys general contend that the proposed payments would:
These are the coalition’s legal arguments—not a court ruling on the proposed OPT fees. No court has yet decided whether this particular proposal is lawful. (oag.ca.gov)
The letter also argues that many universities would be unable or unwilling to pay tens of thousands of dollars for each OPT recommendation. As a result, schools might stop recommending students, limit recommendations to selected applicants or require students and employers to provide the money.
The proposal does not immediately change the status or employment authorization of students already participating in OPT or STEM OPT.
If DHS eventually issues a final rule using the proposed transition provisions:
DHS proposed that any final rule take effect 60 days after its publication in the Federal Register. That 60-day period has not started because no final rule has been published. (public-inspection.federalregister.gov)
Students preparing an application should continue following current university and USCIS procedures. Day1CPT.org’s OPT and STEM OPT guide provides additional background on the existing application process.
DHS must review the comments submitted during the rulemaking period. It could withdraw the proposal, revise it or publish a final rule. A final version could differ from the October 8 proposal.
The attorneys general’s letter does not block the rule by itself. However, it places the coalition’s legal objections and evidence into the administrative record, which could become important if DHS finalizes the fees and litigation follows.
For now, students do not need to pay a $70,000 or $30,000 DHS OPT fee. They should monitor official announcements and confirm application timing with their DSO, particularly if a final rule is later published.
No. The $70,000 initial OPT fee and $30,000 subsequent fee remain part of a proposed rule. DHS has not published a final rule or established an effective date.
The proposal assigns the payment obligation to the SEVP-certified school. However, DHS would allow schools to obtain the money from students, employers or other funding sources, subject to applicable laws and institutional policies.
Yes, under the proposal, a subsequent recommendation such as a STEM OPT extension would generally require a $30,000 payment after the initial $70,000 fee had been paid. Special transition provisions could require a $70,000 payment for some post-effective-date recommendations where no fee had previously been paid under the new system. (public-inspection.federalregister.gov)
No. DHS states that the proposed rule is specific to OPT and does not address Curricular Practical Training (CPT). It therefore does not establish a new fee for CPT or directly change Day 1 CPT requirements. (public-inspection.federalregister.gov)
No. The comment letter asks DHS to withdraw the proposal, but it does not legally block the rule. DHS must now decide whether to abandon, revise or finalize it.