The Department of Homeland Security (DHS) published a proposed rule on October 8, 2026, that would require U.S. schools to pay $70,000 for a student’s initial Optional Practical Training recommendation and $30,000 for each subsequent OPT recommendation.
The proposal could significantly reduce access to OPT and STEM OPT if universities decline to pay the fees or pass the costs to students or employers. However, the fees are not currently in effect. DHS is accepting public comments through November 9, 2026. (federalregister.gov)
Under the proposed rule, the SEVP-certified school—not the student or employer—would be responsible for making the payment before its Designated School Official, or DSO, enters an OPT recommendation in SEVIS.
The proposed fee structure is:
| OPT recommendation | Proposed fee |
|---|---|
| First recommendation for any type of OPT | $70,000 |
| Each subsequent OPT recommendation | $30,000 |
The initial fee would apply whether the student first requests pre-completion or post-completion OPT. A later recommendation—including a STEM OPT extension—would generally trigger the subsequent fee.
For example, if a student first receives pre-completion OPT and later applies for post-completion OPT, the school would pay $70,000 for the first recommendation and $30,000 for the second, for a total of $100,000. DHS expects this structure could discourage schools and students from using pre-completion OPT. (federalregister.gov)
Changing employers while remaining within the same authorized OPT period would not trigger another fee. The fee is tied to the school’s OPT recommendation, not to a specific employer.
Students would also continue to file Form I-765 with USCIS and pay the applicable USCIS filing fee. The proposed DHS fee would not replace the student’s existing Form I-765 application process. (federalregister.gov)
Although schools would be legally responsible for submitting the payment, the proposal does not restrict how they obtain the money. DHS specifically acknowledges that universities could pass the financial obligation to:
This means a university could potentially require an F-1 student or employer to cover some or all of the expense before approving an OPT recommendation, subject to other applicable laws and institutional policies. Alternatively, a school could decide to fund recommendations only for selected students. (federalregister.gov)
DHS says the fees are intended to encourage schools to conduct more extensive reviews and become more selective about recommending students for OPT. The agency’s economic analysis expressly anticipates that OPT participation may decline, potentially limiting access for non-STEM students in particular. DHS also recognizes that reduced access could cost students work experience and earnings while affecting international enrollment at U.S. universities. (federalregister.gov)
There is currently no effective date because this is a notice of proposed rulemaking, not a final rule.
If DHS later publishes a final rule using the proposed timeline, it would take effect 60 days after the final rule is published in the Federal Register. That does not mean the fees will take effect 60 days after the October 8, 2026 proposal.
The fees would generally apply based on the date of the DSO’s recommendation:
During the transition, the proposal would require the $70,000 initial fee when a student receives a post-effective-date OPT recommendation and no initial fee has previously been paid under the new system. This could include some students applying for STEM OPT after completing an initial OPT period authorized before the rule took effect. (federalregister.gov)
The proposed fees apply specifically to OPT. DHS states that the rule does not address Curricular Practical Training, so it does not create a fee for CPT or directly change Day 1 CPT rules.
However, CPT should not be treated as an automatic substitute for OPT. CPT must remain an authorized and integral part of the student’s curriculum, and existing rules concerning full-time CPT and later OPT eligibility would continue to apply. The proposal also states that DHS is monitoring alleged fraud and national-security concerns involving CPT and may consider additional action, but it does not announce a specific CPT policy change. (federalregister.gov)
Comments on the overall proposal must be submitted by November 9, 2026, through Regulations.gov under Docket No. ICEB-2026-0100. Comments limited to the proposal’s information-collection requirements have a separate deadline of December 7, 2026.
Students, universities, employers, and international education organizations may comment on issues such as the fee amounts, who should pay, the effect on OPT access, the transition rules, and the potential impact on international enrollment. The rule could change before publication in final form, or DHS could decide not to finalize it. Until a final rule is published and becomes effective, the current OPT application process remains in place. (federalregister.gov)