Will international students have to pay $70,000 for OPT? Not yet, and maybe never in this form. On October 8, 2026, the Department of Homeland Security (DHS) published a proposed rule that would make schools pay $70,000 the first time they recommend an F-1 student for Optional Practical Training (OPT), and $30,000 for each later OPT recommendation, including the STEM OPT extension, once the $70,000 fee has been paid. OPT is the work authorization F-1 students can use to train in their field during or after their studies. The rule is only proposed. Nothing changes until DHS publishes a final rule, and public comments are due by November 9, 2026.
- Proposed rule: "Optional Practical Training Fees," 91 FR 64566 (October 8, 2026), DHS Docket No. ICEB-2026-0100
- $70,000 for a student's first OPT of any type; $30,000 for each later OPT, including the STEM OPT extension, if the $70,000 fee was paid for an earlier OPT
- The SEVP-certified school pays before the school official enters the recommendation; DHS says schools may pass the cost on
- Status: proposed only; DHS proposes that any final rule take effect 60 days after publication and apply to new recommendations
- Comments close November 9, 2026, at regulations.gov
- Separately, a court postponed the duration of status rule on September 14, 2026; DHS has appealed, and the rule is not in effect
What did DHS propose?
The Department of Homeland Security, through U.S. Immigration and Customs Enforcement (ICE), published a notice of proposed rulemaking (NPRM) titled "Optional Practical Training Fees" on October 8, 2026, at 91 FR 64566 (RIN 1653-AB01). An NPRM is a draft rule released for public comment. The core of the proposal is a new paragraph in the fee regulation:
"(1) An SEVP-certified educational institution must pay a one-time initial fee of $70,000 for each F-1 student the first time that the alien is recommended to participate in OPT under section 214.2(f)(10)(ii)." Proposed 8 CFR 214.13(i)(1), 91 FR 64566
SEVP is the Student and Exchange Visitor Program, which certifies schools to enroll F-1 students. The designated school official (DSO) is the staff member who recommends a student for OPT in SEVIS, the student tracking system. Under the proposal, the DSO could not enter an OPT recommendation until the school has paid, and USCIS could not grant the OPT work permit if the fee was not paid (91 FR 64566).
DHS says the fees are meant to combat fraud, protect US workers and push schools to be more selective. It goes further in one passage: "DHS believes that absent these fees, it will not be able to operate OPT consistent with its focus on preventing fraud and protecting American workers and may shut down the program entirely" (91 FR 64566). The fees would go to the US Treasury, not to ICE.
Who would pay, and how much?
The school would pay, per student. DHS acknowledges that "the schools may pass the financial obligation of this proposed fee onto F-1 nonimmigrant students, all students, or employers," and the proposal would not restrict how schools raise the money, as long as they comply with other applicable laws (91 FR 64566).
| OPT recommendation | Proposed fee | Notes |
|---|---|---|
| First OPT of any type (pre-completion or post-completion) | $70,000 | One-time, per student |
| Any later OPT (another pre-completion period, post-completion OPT or the STEM OPT extension) | $30,000 | Charged for each later recommendation, if the $70,000 fee was paid for the student's earlier OPT |
| Example given by DHS: pre-completion OPT, then post-completion OPT | $100,000 total | $70,000 plus $30,000 |
Source: 91 FR 64566, section V.A and proposed 8 CFR 214.13(i).
A few other details from the proposal:
- The fee is tied to the school's OPT recommendation, not to an employer petition. The proposal does not separately address employer changes during OPT.
- A school may ask SEVP for a refund only if the student has not yet received the OPT work permit; refunds are discretionary and cannot be appealed.
- DHS asks for comments on an alternative: charging the $70,000 again each time a student starts OPT at a higher degree level, for example after a bachelor's and again after a master's.
What about STEM OPT?
The STEM OPT extension is a 24-month extension of post-completion OPT for graduates in designated science, technology, engineering and mathematics fields. Under the proposal, it counts as "subsequent" OPT, so the school would pay $30,000 for it if the student already had OPT with the $70,000 fee paid (proposed 8 CFR 214.13(i)(2)). A student who takes 12 months of post-completion OPT and then the STEM extension would therefore cost the school $100,000 in OPT fees under the proposal.
When would it apply, and how do you comment?
Only after a final rule. DHS proposes that a final rule take effect 60 days after it is published, and that the $70,000 fee apply to DSO recommendations dated on or after that date. Students already on OPT, already approved, or already recommended before the effective date would not be charged for that OPT. A later OPT recommendation dated on or after the effective date would be charged. Because the $30,000 rate applies only when the $70,000 fee was already paid, a student whose first OPT came before the effective date would trigger the full $70,000 fee, not $30,000, for a later recommendation such as the STEM OPT extension (proposed 8 CFR 214.13(i)(2) and (3); 91 FR 64566).
The comment deadline is November 9, 2026; we confirmed this date in the notice's DATES section and in the Federal Register record for the document. Comments on the separate paperwork (information collection) part are due December 7, 2026. To comment, go to regulations.gov, search for "ICEB-2026-0100," and submit by 11:59 p.m. Eastern time on November 9. Comments by email or letter are not considered, and DHS will post comments publicly, including any personal information you provide (91 FR 64566).
Where does the duration of status rule stand?
It is postponed by a court and not in effect. Here is what we confirmed from primary sources.
The rule. On July 17, 2026, DHS published a final rule, 91 FR 44976, set to take effect September 15, 2026. It would replace "duration of status," the open-ended admission F-1 students get today, with a fixed admission period tied to the program length, up to four years, with extensions filed through USCIS. It would also cut the F-1 departure period after completing studies or post-completion training from 60 to 30 days (91 FR 44976).
The court order. On September 14, 2026, Judge F. Dennis Saylor IV of the US District Court for the District of Massachusetts granted the plaintiffs' motion "to the extent that it seeks to postpone the effective date of the Final Rule pursuant to the Administrative Procedure Act, 5 U.S.C. § 705" in Presidents' Alliance on Higher Education and Immigration v. DHS, Civil Action No. 26-13799-FDS. The court said nationwide relief was appropriate and denied, without prejudice, the request to vacate the rule (Memorandum and Order, September 14, 2026). A separate order filed the same day postpones the effective date "pending further order of this court or resolution of this proceeding on the merits" and bars DHS from taking further action to implement the rule in the meantime (Preliminary Injunction Order, ECF No. 51).
The appeal. On September 30, 2026, DHS filed a notice of appeal to the US Court of Appeals for the First Circuit (Notice of Appeal, ECF No. 53). The appeal is First Circuit No. 26-2112. In a district court filing on October 9, 2026, DHS said it had asked the First Circuit on October 7 to expedite the appeal, and asked the district court to pause the case while the appeal is pending (Defendants' Briefing, ECF No. 59). The appeal does not by itself lift the postponement. We cannot say how long the postponement will last or how the appeal will come out. Note also that the eCFR, the online code, currently displays the rule's text, because it is compiled by effective date; that display does not mean the rule is being applied (eCFR, 8 CFR 214.1). Check with your DSO before relying on either regime.
What could this mean for O-1, H-1B or EB-2 NIW plans?
Our reading: for many students, OPT is the bridge between graduation and a longer-term visa. If OPT becomes much more expensive or harder to get, that bridge may narrow. How much depends on whether the rule is finalized, in what form, and how your school responds. Here is how each path relates.
H-1B. Today, OPT and the cap-gap extension let many graduates keep working while an H-1B cap petition is pending. DHS notes that the 2024 cap-gap amendment extends coverage until April 1 of the fiscal year for which H-1B status is requested, or the petition's start date if earlier (91 FR 64566). The H-1B selection itself became weighted toward higher-paid, higher-skilled positions under a final rule of December 29, 2025, effective in time for the FY 2027 registration season (90 FR 60864). For the $100,000 H-1B payment, see our post on what is in force in October 2026; for the separate $103,265 proposal, see DHS proposes additional H-1B fee.
O-1. The O-1 is not tied to OPT, but you cannot file it yourself. The Policy Manual says: "O beneficiaries may not petition for themselves" (USCIS Policy Manual, Volume 2, Part M, Chapter 3). A US employer, a US agent, or a company you own must file. A student who is maintaining F-1 status may generally apply to change to another nonimmigrant classification (8 CFR 248.1(a)). The bar is high: see the eight O-1A criteria and O-1 or H-1B.
EB-2 NIW. The national interest waiver is a green card category that does not need an employer. The Policy Manual says a petition with a national interest waiver request "does not need to be supported by a job offer; therefore, the person may file as a self-petitioner" (USCIS Policy Manual, Volume 6, Part F, Chapter 5). It is a petition for permanent residence, though, not a work permit, so it does not replace OPT as a way to work in the meantime. Our guide to the NIW three prongs explains the standard.
What this means in practice: if OPT may become scarcer, the time to build an O-1 or NIW record is while you are still a student. Publications, peer reviews, awards and a clear proposed endeavor take months to document. Students who start early have more choices if the OPT year is shorter or more expensive than planned.
- Has the school taken a position on the proposed OPT fees, or filed a comment?
- If the rule is finalized, would the school pay, or pass the cost to students or employers?
- Does my planned OPT start date fall before or after a likely effective date?
- How is the school applying the duration of status rule while the court order is in place?
- Does my degree qualify for the STEM OPT extension?
Where to start
If you are a student thinking past OPT, start with the free evaluation, with no account and no card, to see where your record stands against the O-1 and EB-2 NIW criteria. Frank then finds real opportunities for the criteria you are missing and saves the proof as you go. Starter is $49 a month with a 7-day free trial. H-1B questions go to partner-firm attorneys, not Frank. Legal work is done by licensed attorneys at an independent partner firm; Green Card Guide is not a law firm, and this post is not legal advice.
Sources
All checked October 11, 2026.
- Federal Register, Optional Practical Training Fees, 91 FR 64566 (October 8, 2026; PDF). The proposed fees, who pays, STEM OPT, refunds, transition, comment deadline and instructions, cap-gap description.
- Federal Register, Establishing a Fixed Time Period of Admission, 91 FR 44976 (July 17, 2026). The duration of status final rule.
- US District Court for the District of Massachusetts, Presidents' Alliance v. DHS, No. 1:26-cv-13799-FDS, court filings (RECAP copies of the filed documents on CourtListener): Memorandum and Order, ECF No. 50 and Preliminary Injunction Order, ECF No. 51 (September 14, 2026), postponement of the rule's effective date; Notice of Appeal, ECF No. 53 (September 30, 2026); Defendants' Briefing, ECF No. 59 (October 9, 2026), motion to expedite and request to pause the case.
- Federal Register, Weighted Selection Process for Registrants and Petitioners Seeking To File Cap-Subject H-1B Petitions, 90 FR 60864 (December 29, 2025). Weighted H-1B selection, effective for the FY 2027 registration season.
- USCIS Policy Manual, Volume 2, Part M, Chapter 3 and Volume 6, Part F, Chapter 5 (current as of October 2, 2026). O-1 petitioners and NIW self-petitions.
- eCFR, 8 CFR 214.1 and 8 CFR 248.1 (up to date as of October 7, 2026).
Frequently asked questions
Is the $70,000 OPT fee in effect?
No. It is a proposed rule published on October 8, 2026 (91 FR 64566). It would take effect only if DHS publishes a final rule, and DHS proposes an effective date 60 days after that publication.
Who would pay the proposed OPT fee?
The SEVP-certified school, before its official enters the OPT recommendation. DHS acknowledges schools may pass the cost on to F-1 students, all students or employers.
Does the proposal cover STEM OPT?
Yes. The STEM OPT extension would count as subsequent OPT, with a $30,000 fee if the student already had OPT for which the $70,000 fee was paid.
When is the deadline to comment on the OPT fee proposal?
November 9, 2026, by 11:59 p.m. Eastern time, through regulations.gov under Docket No. ICEB-2026-0100. Comments on the information collection are due December 7, 2026.
Is the duration of status rule for F-1 students in effect?
No. On September 14, 2026, the District of Massachusetts postponed the rule's effective date nationwide pending further order or a decision on the merits. DHS filed a notice of appeal to the First Circuit on September 30, 2026, but the postponement remains in place unless a court lifts it.
Green Card Guide AI is not a law firm and this article is not legal advice. It describes evidence-building strategy in general terms; your attorney determines what belongs in your petition and how it's argued.
