DHS Proposes a $70,000 Fee for the First OPT and $30,000 for the Next One

The U.S. Department of Homeland Security (DHS) has proposed a fee of $70,000 for each F-1 student’s first Optional Practical Training (OPT) and $30,000 for each subsequent OPT by the same student. The payer would be the school certified by the Student and Exchange Visitor Program (SEVP), before the school’s designated school official (DSO) records the recommendation in the SEVIS system. The proposal was published in the Federal Register on October 8, 2026, and is open for comments until November 9, 2026. It is a proposal, not a rule in force: nothing changes today for anyone already in OPT.

What was proposed

The proposal is a notice of proposed rulemaking from U.S. Immigration and Customs Enforcement (ICE), an agency of DHS. The document, “Optional Practical Training Fees,” was published in the Federal Register of October 8, 2026, pages 64566 to 64600, document 2026-20660, docket ICEB-2026-0100, RIN 1653-AB01. The text proposes two new fees, per F-1 student, for engaging in OPT through an SEVP-certified institution: $70,000 for initial OPT and $30,000 for any subsequent OPT.

The official summary of the document states the declared purpose of the measure: to combat fraud, strengthen the integrity of the immigration system, and protect U.S. workers. The proposal covers only the fees for participating in OPT, the practical training tied to the F-1 student’s field of study.

The proposed fee is not a visa fee or a fee for processing the work authorization request. It is a new fee, tied to the school’s recommendation: without payment, the recommendation does not enter SEVIS. The amount is per student and per recommendation, not per employer. The $70,000 OPT fee is a separate proposal from the I-140 Premium Processing fee, covered in the article on I-140 Premium Processing (https://meridianglobalmobility.com/en/i-140-premium-processing-eb1a-eb2-niw-timeframes/), and from the USCIS fees that changed on October 16, 2026, covered in the article on USCIS fees (https://meridianglobalmobility.com/en/uscis-fees-october-16-2026-asylum-parole-tps/).

Who pays, and when

The SEVP-certified school pays the fee, and payment happens before the DSO records the OPT recommendation in SEVIS. The text of the proposal is direct on this point: the DSO may not record the recommendation if the fee has not yet been paid, and must confirm payment before updating SEVIS and before the student applies for work authorization from USCIS.

After the record is made, the DSO gives the student a new Form I-20 with the recommendation and the fee payment information, for the work authorization request to USCIS (Form I-765). USCIS would not grant work authorization without that prior payment.

The fee is not triggered by a change of employer. The charge arises from the school’s decision to recommend the student for OPT. The fee is also not tied to a specific employer: the first OPT covers any type of OPT, before or after completion of the course, and the subsequent fee covers any OPT after the first.

What the amounts cover: first OPT and later OPT

The initial fee of $70,000 applies to any type of OPT the first time the student participates, before completion of the course (pre-completion) or after completion (post-completion).

The subsequent fee of $30,000 applies to any OPT after the initial one, whether another pre-completion OPT, another post-completion OPT, or the 24-month STEM OPT extension for graduates in science, technology, engineering, and mathematics. The document itself gives the example: a student with a pre-completion OPT recommendation would pay $70,000, and with the subsequent post-completion recommendation, the school would pay $30,000, for a total of $100,000 for the two periods.

DHS records that it expects a change in behavior from this design: instead of splitting 12 months between pre-completion and post-completion OPT, at a cost of $100,000, institutions and students would tend to concentrate the period after completion, paying only the initial $70,000 for the 12 months. Immigration pathways by profile are gathered in the guide comparing immigration pathways (https://meridianglobalmobility.com/en/compare-immigration-pathways/).

What does not change today

Nothing changes today. The proposal is not in force, and anyone already in OPT or already holding a DSO recommendation is not affected by the change. The proposal states that a final rule would take effect 60 days after publication in the Federal Register, and would apply only to DSO recommendations dated on or after that date.

The cutoff is the date of the recommendation: recommendations dated before the effective date would follow the current rules, without the new fee; recommendations dated from that date would be subject to the initial fee, and later ones to the $30,000 fee.

The proposal does not end OPT or the STEM OPT extension. What would change, if the final rule is published on the proposed terms, is the entry cost of each recommendation. Status options for people already in the United States are gathered in the article on status options (https://meridianglobalmobility.com/en/already-in-us-status-options/).

Passing on the cost, and refunds

DHS acknowledges, in the text of the proposal, that the school may pass the cost of the fee on to the F-1 student, to all students, or to the employer. The proposal does not impose a single pass-through model. The student may therefore end up bearing the cost, even though the formal payer is the school.

Refunds have their own rule. The school may request a refund if the student has not received the OPT Employment Authorization Document (EAD) covered by the payment. Once the EAD is issued, there is no refund under any circumstances, according to the text of the proposal. Before requesting a refund, the DSO must remove the student’s OPT recommendation in SEVIS.

SEVP reviews each refund request case by case. SEVP’s determination on the refund request is final and not appealable, according to the document.

The alternative under consultation, and the impact estimate

DHS has put an alternative out for public comment: applying the initial fee of $70,000 again to each initial OPT period after the student moves to a higher education level, for example, one OPT after a bachelor’s degree and another after a master’s degree. The document asks for comments specifically on this alternative, as well as on the rule as a whole.

The impact estimate in the document is presented as an annual transfer of amounts: DHS estimates the fees collected would range from $8.4 billion to $16.5 billion per year, with a primary estimate of $12.4 billion. These are DHS’s own estimates, by participation scenario, not a confirmed revenue figure.

The document also records implementation costs for schools, and distinguishes the new OPT fee from the existing SEVIS fees.

Deadlines: how to comment, and the neighbouring deadlines

Comments on the rule must be received by November 9, 2026, at 11:59 p.m. Eastern Time, only through the regulations.gov portal, under docket ICEB-2026-0100. The document records that comments sent in any other way, including emails or letters to DHS, will not be considered comments and will not receive a response. Comments must be submitted in English, or with an English translation.

Comments on the information collection described in the proposal have a separate deadline: December 7, 2026. DHS records that it will consider all comments received within the deadline and may change the rule based on them.

Comments on the OPT fee close on November 9. Comments on the proposal to end the 60-day grace period after a job ends close on November 10, according to the article on the proposal to end the 60-day grace period (https://meridianglobalmobility.com/en/dhs-proposal-end-60-day-grace-period-job-ends/). Comments on the proposal to end deference in extension requests on Form I-129 close on November 13, according to the article on the end of deference in I-129 cases (https://meridianglobalmobility.com/en/end-deference-i129-dhs-proposal-extensions/).

Frequently asked questions

Is the $70,000 fee already being charged?

No. It is a proposal published on October 8, 2026, and it is not in force. Nothing changes today for anyone already in OPT or already holding a DSO recommendation. A final rule would take effect 60 days after publication, only for recommendations dated on or after that date.

Who pays the OPT fee under the proposal?

The SEVP-certified school pays the fee, before the DSO records the recommendation in SEVIS. DHS acknowledges that the school may pass the cost on to the F-1 student, to all students, or to the employer. Without payment, there is no recorded recommendation, no new I-20, and no USCIS work authorization.

Would the STEM OPT extension also carry a fee?

Yes. The STEM OPT extension counts as subsequent OPT, with the $30,000 fee, after the initial $70,000 fee has been paid. The proposal does not end the extension.

What if the student does OPT before and after completing the course?

The document gives this example: $70,000 for pre-completion OPT and $30,000 for post-completion OPT, for a total of $100,000. DHS expects the period to be concentrated after completion, with only the initial $70,000.

How do I submit comments on the proposal?

Comments on the rule go only through the regulations.gov portal, under docket ICEB-2026-0100, by November 9, 2026, at 11:59 p.m. Eastern Time, in English or with a translation. Emails or letters to DHS do not count as comments and receive no response. Comments on the information collection have a separate deadline, December 7, 2026.

Disclaimer and compliance notice: Meridian Global Mobility (MGM) provides operational coordination, document organization, and logistical support for Brazil–U.S. mobility projects. MGM is not a law firm and does not provide legal services, legal advice, or representation before government agencies. Any legal services are provided independently by licensed, independent attorneys in the United States. The content of this article is informational and does not constitute consulting or an eligibility determination.