October 20, 2026 | The Law Office of Zhang
For many international students, Optional Practical Training (OPT) provides an important opportunity to gain professional experience in the United States after graduation. For employers, it can be an important part of recruiting international graduates.
A new federal proposal could substantially change the cost of that opportunity.
On October 8, 2026, the U.S. Department of Homeland Security (DHS) published a proposed regulation establishing a $70,000 initial OPT fee and a $30,000 fee for subsequent OPT recommendations.
For students preparing to graduate, professionals already working under OPT, universities, and employers, the proposal raises practical questions about costs, timing, and future employment plans.
The most important point: these proposed fees are not currently in effect.
Here is what DHS is proposing, who could be affected, and what remains uncertain.
What exactly is DHS proposing?
DHS’s October 8 Notice of Proposed Rulemaking (NPRM) would establish two fees associated with OPT recommendations for eligible F-1 international students:
- $70,000 initial OPT fee: Generally applicable to the first qualifying OPT recommendation under the proposed fee system.
- $30,000 subsequent OPT fee: Generally applicable to a later qualifying OPT recommendation after the initial $70,000 fee has been paid and the student has previously participated in OPT.
The proposed fees would apply to pre-completion OPT, post-completion OPT, and STEM OPT extensions. The proposal does not establish these new fees for Curricular Practical Training (CPT).
The fee would be associated with the school’s OPT recommendation, not with a particular employer or a change of employment.
For example, under the principal proposed structure, a student who first receives pre-completion OPT and later obtains a separate post-completion OPT recommendation could trigger both fees, even if the employer remains the same.
Source: DHS, Optional Practical Training Fees, 91 Fed. Reg. 64566, 64576–64577 (Oct. 8, 2026), Section V.A; proposed 8 CFR § 214.13(i).
Who would pay the proposed fees?
Under the proposed regulation, the SEVP-certified educational institution would be responsible for paying the applicable fee to the federal government before its designated school official (DSO) enters the OPT recommendation in the Student and Exchange Visitor Information System (SEVIS).
The proposal would also prevent USCIS from granting the associated employment authorization before the applicable fee had been paid.
However, DHS acknowledges that institutions could pass these costs to students, employers, or other students, subject to applicable law.
This distinction matters. The proposal would make schools responsible for payment to the government, but it would not necessarily mean schools would absorb the entire financial burden.
The proposed fees would also be separate from existing USCIS application fees.
Source: 91 Fed. Reg. 64574–64577, Sections IV.C and V.A; proposed 8 CFR §§ 214.2(f)(11)(ii)–(iii), 214.13(i).
Are international students required to pay these fees now?
No. As of October 20, 2026, the proposed $70,000 and $30,000 fees are not in effect.
The October 8 publication is a Notice of Proposed Rulemaking, not a final regulation.
DHS is receiving public comments and could revise the proposal before issuing a final rule. The agency could also decide not to adopt the proposed fee structure.
The publication does not automatically terminate OPT, cancel existing employment authorization, or require immediate payment of the proposed fees.
Students should continue following the OPT eligibility, application, and reporting requirements currently applicable to their circumstances.
They should not delay an otherwise appropriate filing or make significant immigration decisions solely because a new fee has been proposed.
Source: 91 Fed. Reg. 64566, Summary and Dates; Sections V and VI.
Could the proposal affect students already working under OPT?
Potentially, particularly if they need another OPT recommendation after a future final rule takes effect.
DHS proposes that a final regulation would become effective 60 days after its publication in the Federal Register.
That is a proposed transition period, not a confirmed effective date.
Under the proposed transition provisions, a student would not face a new fee solely because they already hold OPT employment authorization issued under the existing system.
However, a new OPT recommendation dated on or after a future effective date could trigger a fee.
Example: A student currently on post-completion OPT
Consider a student who received post-completion OPT authorization in 2026 and expects to request a STEM OPT extension in 2027.
If DHS finalizes the proposal without changing the transition provisions, and the student’s STEM OPT recommendation occurs after the effective date, the school could be required to pay the $70,000 initial fee, even though the student previously participated in OPT.
That is because the $30,000 subsequent fee generally applies only after the initial $70,000 fee has already been paid under the proposed system.
DHS’s economic analysis expressly models the initial fee for STEM OPT recommendations during the transition period when no initial fee was previously paid.
After the initial fee has been paid, a later qualifying recommendation could instead trigger the $30,000 subsequent fee.
These examples explain the proposed framework. They do not establish how a future final rule will apply to any particular student.
Source: 91 Fed. Reg. 64578–64579, Sections V.C and VI; 64583–64584 and 64593–64594, regulatory impact analysis; proposed 8 CFR § 214.13(i)(3).
Could the $70,000 fee apply again after earning another degree?
DHS is also considering an alternative fee structure involving students who move to a higher educational level.
Under that alternative, the $70,000 initial fee could apply again when a student begins a new period of OPT after completing a higher degree, such as moving from bachelor’s-level OPT to master’s-level OPT.
This is an alternative on which DHS is requesting comments, not a requirement established by the principal proposed regulatory text.
The distinction matters because the financial consequences could differ substantially depending on which approach, if any, DHS ultimately adopts.
Source: 91 Fed. Reg. 64578, Section V.A; 64596, regulatory alternatives discussion.
Would the proposed OPT fees be refundable?
The proposal contains limited refund provisions, but refunds would not be automatic.
An educational institution could request a refund under specified circumstances before the relevant OPT employment authorization document had been issued or the extension granted.
The DSO would first need to remove the relevant OPT recommendation from SEVIS.
The Student and Exchange Visitor Program (SEVP) would evaluate refund requests individually and could exercise discretion in granting or denying them.
Under the proposed language, the fee would not be refundable once the relevant employment authorization had been granted or issued.
The proposal also states that refund determinations would not be subject to administrative appeal.
These limitations could create financial risks for institutions and potentially for students or employers who bear the cost.
Source: 91 Fed. Reg. 64577–64578, Section V.A; proposed 8 CFR § 214.13(i)(1)–(2).
What should students preparing to graduate know?
Students approaching graduation may wonder whether they should apply for OPT earlier or reconsider their employment plans.
For now, the proposed fees do not change the current OPT application process or eligibility requirements.
Students must still comply with applicable F-1 rules, including DSO recommendations, USCIS filing requirements, and employment authorization procedures.
If DHS finalizes the proposal, the date of a school’s OPT recommendation could become important under the proposed transition framework.
However, there is currently no confirmed effective date for the new fees.
Students should not assume that applying earlier, changing educational programs, or seeking another immigration classification will necessarily avoid future requirements.
Any immigration strategy should account for the student’s individual circumstances, current status, filing deadlines, and applicable law.
Sources: 91 Fed. Reg. 64578–64579, Sections V.C and VI; USCIS, Optional Practical Training (OPT) for F-1 Students.
Why is DHS proposing these changes?
DHS states that the proposed fees are intended to discourage fraud and misuse of OPT, strengthen program oversight, and protect U.S. workers.
The agency argues that substantial fees could encourage educational institutions to exercise greater scrutiny before recommending students for practical training.
These are DHS’s stated policy justifications. They should not be interpreted as findings that any particular international student, university, or employer has engaged in misconduct.
DHS also acknowledges potential economic consequences, including reduced participation in OPT and financial effects on educational institutions, students, and employers.
These are projections and considerations associated with the proposal, not established outcomes.
Source: 91 Fed. Reg. 64569–64576, Section IV; 64579–64596, Section VII.
What should international students and employers do now?
Although the proposed fees could have substantial consequences if finalized, there is no single response appropriate for every student or employer.
For international students:
- Confirm your current F-1 status, Form I-20 information, and employment authorization dates.
- Discuss upcoming OPT or STEM OPT recommendations with your DSO.
- Maintain accurate records of prior OPT participation and recommendations.
- Monitor official DHS and USCIS updates.
- Seek individualized guidance before making significant decisions involving immigration status, employment, or international travel.
For employers:
- Identify employees and prospective hires who may need future OPT or STEM OPT recommendations.
- Review upcoming immigration milestones and hiring timelines.
- Consider possible financial implications without treating the proposed fees as current obligations.
- Evaluate longer-term immigration sponsorship options where appropriate.
Some international professionals may qualify for H-1B, O-1, L-1, or employment-based permanent-residence pathways.
However, these categories have different eligibility requirements and are not automatic substitutes for OPT.
The appropriate strategy depends on the individual’s qualifications, immigration history, employer circumstances, and long-term goals.
Can students and employers comment on the proposal?
Yes.
The public comment deadline is November 9, 2026, at 11:59 p.m. Eastern Time.
Students, universities, employers, and other interested parties may submit comments through the federal rulemaking portal.
Comments should identify DHS Docket No. ICEB-2026-0100, explain the specific provisions or concerns being addressed, and include relevant supporting information.
DHS also established a separate December 7, 2026 deadline for comments concerning the proposed information collection under the Paperwork Reduction Act.
The November 9 deadline is for public comments. It is not an OPT application deadline or a deadline to pay the proposed fees.
Official resources:
- Federal Register proposal: https://www.federalregister.gov/documents/2026/10/08/2026-20660/optional-practical-training-fees
- Public comment docket: https://www.regulations.gov/docket/ICEB-2026-0100
Source: 91 Fed. Reg. 64566, Dates, Addresses, and Public Participation sections.
Immigration planning requires an individual strategy
For international students and professionals, immigration decisions can affect career opportunities, employer relationships, family plans, and long-term residence in the United States.
When immigration policies are changing, understanding what is currently required and what remains proposed is an important first step.
At The Law Office of Zhang, we assist international professionals, startup founders, and employers with U.S. immigration matters, including H-1B, O-1, L-1, EB-1A, and EB-2 National Interest Waiver cases.
For individuals concerned about proposed changes to OPT, our team can help review immigration circumstances, evaluate potential employment-based options, and consider appropriate planning strategies.
Eligibility and outcomes depend on the facts of each case and applicable law.
If you are concerned about how proposed OPT fees could affect your career or hiring plans, contact The Law Office of Zhang to discuss your circumstances.
Learn more: https://zlawglobal.com/
The Law Office of Zhang
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Primary Government Sources
1. U.S. Department of Homeland Security, Optional Practical Training Fees
91 Fed. Reg. 64566–64600 (October 8, 2026). Notice of Proposed Rulemaking, RIN 1653-AB01, DHS Docket ICEB-2026-0100.
This is the controlling primary source for the proposed fee structure, payment requirements, refund provisions, transition period, alternatives, and economic analysis.
2. Official Federal Register PDF
The published document, including the full proposed regulatory language.
https://www.govinfo.gov/content/pkg/FR-2026-10-08/pdf/2026-20660.pdf
3. Federal Register Rulemaking Page
Official notice, publication details, and comment instructions.
4. Regulations.gov, DHS Docket ICEB-2026-0100
Official rulemaking docket for public comments and subsequent docket activity.
5. USCIS, Optional Practical Training (OPT) for F-1 Students
Current OPT program information, eligibility, and application guidance.
Disclaimer: This article is intended for general informational purposes only and does not constitute legal advice or establish an attorney-client relationship. The proposed regulation discussed above has not been finalized as of October 20, 2026. Immigration requirements and agency guidance may change. Individual eligibility, filing requirements, and appropriate next steps depend on specific circumstances and applicable law. Readers should consult a qualified immigration attorney before making decisions affecting their immigration status or employment authorization.