On October 8, 2026, the Department of Homeland Security published a Notice of Proposed Rulemaking (NPRM) that would impose substantial new fees on educational institutions recommending F-1 students for Optional Practical Training (“OPT”). The proposal would affect pre-completion OPT, post-completion OPT, and the 24-month STEM OPT extension.
The rule is only a proposal and is not currently in effect. Existing OPT and STEM OPT application procedures and fees remain unchanged while DHS completes the rulemaking process. If finalized, the proposed rule would not apply to OPT that is already approved, but it could significantly affect how students, schools, and employers participate in OPT programs.
What fees would the proposed rule impose?
Under the proposal, a school certified by the Student and Exchange Visitor Program (“SEVP”) would be required to pay:
- $70,000 for a student’s first OPT recommendation, whether the recommendation is for pre-completion or post-completion OPT; and
- $30,000 for each subsequent OPT recommendation, which could include post-completion OPT following pre-completion OPT, a STEM OPT extension, or another period of OPT at a higher educational level.
The fee would be tied to the school’s recommendation of the individual student—not to a particular employer. It would be separate from the Form I-765 filing fee that the student pays to USCIS.
DHS anticipates that the fees would reduce overall participation and cause educational institutions to become more selective about which students they recommend for OPT.
Who would be responsible for paying?
The proposed regulation places the legal responsibility for payment on the SEVP-certified educational institution. The school would have to pay the applicable fee before its Designated School Official (“DSO”) could enter the OPT recommendation into the Student and Exchange Visitor Information System.
The student would then receive an updated Form I-20 containing the OPT recommendation and fee-payment information before filing Form I-765 with USCIS. USCIS would not grant employment authorization if the required institutional fee had not been paid.
Although schools would be the regulated parties responsible for payment, DHS recognizes that institutions may seek funding from other sources. As a result, schools could potentially explore arrangements under which students, employers, or other parties bear some or all of the economic cost.
When could the new fees take effect?
The proposed rule does not immediately change the law. DHS is accepting public comments through November 9, 2026. The agency must review the comments before deciding whether to issue a final rule, modify the proposal, or withdraw it.
If DHS publishes a final rule using the proposed implementation structure, the fees would begin applying to recommendations dated on or after the rule’s effective date, which is proposed to be 60 days after publication of the final rule.
What should F-1 students do now?
F-1 students should not assume that they are currently required to pay these proposed fees or that OPT is no longer available. Students should continue to:
- Follow their school’s existing OPT or STEM OPT procedures;
- Work closely with their DSO;
- File Form I-765 within the applicable filing window;
- Maintain F-1 status and comply with unemployment and reporting requirements; and
- Monitor official announcements concerning the rulemaking process.
Students who may soon become eligible for OPT or STEM OPT should also discuss timing with their DSO and with immigration counsel. Filing decisions should be based on the regulations and procedures in effect at the time of filing.
What should employers and educational institutions consider?
Universities may need to assess the financial, administrative, and policy consequences of the proposal, including whether they could continue recommending the same number of students for practical training.
Employers that recruit F-1 graduates should consider how the rule could affect:
- The availability of OPT and STEM OPT workers;
- University willingness to issue OPT recommendations;
- Recruiting and onboarding timelines;
- Potential cost-sharing or reimbursement requests; and
- Longer-term immigration sponsorship strategies.
Any arrangement involving payment or reimbursement should be reviewed carefully for compliance with immigration, employment, tax, and educational requirements.
Conclusion
The proposed rule would represent a dramatic change to the OPT system, but it has not yet taken effect. For now, F-1 students may continue applying for OPT and STEM OPT under existing procedures.
Because the proposal remains subject to public comment and possible revision, students, schools, and employers should monitor developments closely and avoid making decisions based solely on the assumption that the rule will be finalized in its current form.
