DHS Proposes $70,000 Fee for Initial OPT and $30,000 Fee for Subsequent OPT Periods
DHS has proposed an extraordinarily high new fee for OPT on universities, which includes $70,000 for the first OPT recommendation made for an F-1 student after the rule takes effect and $30,000 for each subsequent OPT recommendation for that same student. The fees would apply to both pre-completion and post-completion OPT, including STEM OPT. The fee would technically be imposed on the university, not directly on the student or employer. The Designated School Official (DSO) would be required to pay the fee when recommending the student for OPT. However, the proposed rule would allow the university to pass the cost on to the student, the student's employer, or potentially a group of students. If USCIS denies the student's OPT EAD application, or the student otherwise does not receive an OPT EAD, the proposed rule would permit the university to seek a refund of the OPT fee.
Why DHS Is Proposing the Fee
DHS characterizes the proposal primarily as an anti-fraud measure.
DHS states that without additional measures to address alleged fraud and abuse, it could consider terminating the OPT program altogether.
The proposal also appears intended to discourage employers from using OPT as an alternative to more expensive H-1B employment, particularly in light of the administration's other proposed and existing H-1B fees.
Current Status — Important!
This is only a proposed rule. It is NOT currently in effect.
The proposed rule is scheduled for publication in the Federal Register on October 8, 2026 and DHS will accept public comments for 30 days.
DHS must consider the comments and publish a final rule with an effective date before the fees can take effect.
Legal challenges are likely if DHS finalizes the rule.
Practical Impact
F-1 students: There is no immediate change to OPT eligibility or filing requirements. Students should not assume that they currently need to pay a $70,000 fee.
Universities: Colleges and universities could face substantial financial exposure if they initially have to pay the fees, particularly institutions with large international-student populations.
Employers: The proposal could make hiring F-1 students on OPT/STEM OPT economically impractical if universities pass the fee through to employers.
STEM employers may be particularly affected, because STEM OPT provides an additional 24 months of employment after the initial OPT period, potentially triggering the subsequent $30,000 fee.
The proposal could significantly alter the economics of using OPT as a bridge to H-1B, particularly given the administration's other proposed H-1B cost increases.
Bottom line: The $70,000/$30,000 fees are proposed, not currently applicable. If finalized, however, they would represent a fundamental change to the economics of F-1 OPT and STEM OPT and could substantially affect international students, universities, and employers.
