Status as of October 7, 2026. DHS has released an advance copy of a proposed rule that would require a SEVP-certified school to pay $70,000 before making an F-1 student's initial Optional Practical Training recommendation and $30,000 for any subsequent OPT recommendation. The proposal is scheduled for Federal Register publication on October 8. The fees are not in effect.
The Department of Homeland Security is proposing a new fee structure for Optional Practical Training, the program that allows eligible F-1 students to work in the United States in jobs directly related to their field of study. The proposal would place the payment obligation on schools, not directly on students, and would make payment a prerequisite to the school's OPT recommendation in SEVIS.
What DHS is proposing
The notice of proposed rulemaking, issued by U.S. Immigration and Customs Enforcement under DHS Docket No. ICEB-2026-0100, proposes two fees for each F-1 student who seeks OPT through a Student and Exchange Visitor Program-certified institution:
OPT action | Proposed fee |
|---|---|
Initial OPT recommendation | $70,000 |
Any subsequent OPT recommendation | $30,000 |
DHS says the proposal is intended to combat fraud, strengthen program integrity and protect U.S. workers. Those are the agency's stated reasons for the rulemaking; they do not change the fact that the proposal must still go through the federal rulemaking process.
How the payment would fit into the OPT process
Under current rules, an eligible F-1 student first obtains an OPT recommendation from a designated school official. The recommendation is entered in the Student and Exchange Visitor Information System, or SEVIS. The student then applies to USCIS for employment authorization.
Under the proposed rule, the school would have to pay the new fee before the designated school official could enter the OPT recommendation in SEVIS. DHS also states that USCIS would not grant OPT employment authorization if the required school payment had not been made.
The fee would not be tied to a particular employer. It would apply when the school recommends the student for OPT.
What OPT is
Optional Practical Training is temporary employment authorization connected to an F-1 student's major field of study. Standard OPT can provide up to 12 months of work authorization at an education level. Students with qualifying science, technology, engineering or mathematics degrees may be eligible for a further 24-month STEM OPT extension.
The proposal covers both initial OPT and subsequent OPT recommendations. DHS specifically describes the $30,000 amount as applying to any subsequent OPT.
Who would legally owe the fee
The proposed regulation assigns the payment to the SEVP-certified educational institution. It does not say that an individual F-1 student must personally send DHS a $70,000 payment.
The proposal does not determine whether a school could change its own tuition, fees or OPT policies in response. Those institutional decisions would depend on the final rule, if one is issued, and on each school's policies and other applicable law.
The rule is not final
The document released October 7 is a notice of proposed rulemaking, not a final regulation. The advance copy states that comments on the proposed rule will be accepted for 30 days after Federal Register publication; the information-collection portion has a separate 60-day comment period.
After the comment period, DHS may issue a final rule, revise the proposal or take no final action. A final rule would need its own effective-date provisions before the new fees could be collected.
Factum Immigration's F-1 Student Visa guide explains how OPT, STEM OPT and CPT fit into F-1 status.
Frequently asked questions
Is the $70,000 OPT fee in effect now?
No. As of October 7, 2026, DHS has released a notice of proposed rulemaking. The proposed $70,000 and $30,000 fees are not in effect.
Who would pay the proposed OPT fee?
Under the proposal, the SEVP-certified school would have to pay the fee before its designated school official could enter the OPT recommendation in SEVIS.
Would the proposal eliminate OPT?
No. The proposal would add large fees to the OPT recommendation process; it would not eliminate the OPT program itself.
Official sources
Disclaimer: Factum Immigration provides general information, not legal advice. For guidance on an individual case, consult a licensed immigration attorney.