Quick Hits
- DHS is proposing a $70,000 fee for the first OPT recommendation for an F-1 student and a $30,000 fee for any subsequent OPT recommendation, including a STEM OPT extension.
- The SEVP-certified school would be responsible for paying the applicable fee before the designated school official could enter the OPT recommendation in the Student and Exchange Visitor Information System, but DHS acknowledges that schools may pass the cost on to students or employers.
- Public comments on the proposed rule will be accepted through November 9, 2026, and comments on the related information collection are due by December 7, 2026.
Under the proposal, schools certified by the Student and Exchange Visitor Program (SEVP) would be required to pay $70,000 for a student’s initial OPT recommendation and $30,000 for a subsequent OPT recommendation, which could total $100,000 for a student who completes initial OPT and later receives a STEM OPT extension.
Proposed OPT Fee Structure
Under the proposed rule, an SEVP-certified school would pay a one-time $70,000 fee the first time it recommends a student for any type of OPT, whether pre-completion or post-completion, and $30,000 for each subsequent OPT recommendation, including a STEM OPT extension (an additional work authorization period for qualifying STEM graduates). Payment of each fee would be required before the designated school official (DSO) issues the Form I-20 reflecting the recommendation. The fees would be triggered by the school’s OPT recommendation, not by a particular employer or a change in employment, and the proposal does not affect Curricular Practical Training (CPT). A student who receives twelve months of post-completion OPT followed by a STEM OPT extension could therefore generate $100,000 in total fees. Splitting OPT between pre-completion and post-completion periods would also generate $100,000 ($70,000 plus $30,000), and DHS expects schools to steer students toward post-completion OPT only. DHS is also seeking comment on an alternative under which the $70,000 initial fee would apply again when a student begins OPT at a higher degree level.
OPT currently provides eligible F-1 students with up to twelve months of work authorization related to their fields of study at each education level, while qualifying STEM graduates may receive an additional twenty-four months. STEM OPT also carries employer compliance obligations, including E-Verify participation, completion of the Form I-983 Training Plan, and wage and working condition attestations.
The proposal follows other recent DHS actions affecting F-1 students. On July 17, 2026, DHS published a final rule that would replace duration of status (D/S) admission for F, J, and I nonimmigrants with fixed periods of admission. On September 14, 2026, the day before the rule was scheduled to take effect, the U.S. District Court for the District of Massachusetts issued a nationwide preliminary injunction blocking its implementation. The government has appealed, but the rule remains blocked while the litigation continues, and F-1 students continue to be admitted under the existing D/S framework.
Schools Would Be Responsible for Payment but Can Pass Costs On
The proposed fees would be paid by the SEVP-certified educational institution. The school would have to pay the applicable fee before the DSO could enter the OPT recommendation in the Student and Exchange Visitor Information System (SEVIS) and issue an updated Form I-20 (the student’s Certificate of Eligibility for Nonimmigrant Student Status). U.S. Citizenship and Immigration Services (USCIS) would not grant employment authorization until the fee had been paid. DHS states that schools “may pass the financial obligation of this proposed fee onto F-1 nonimmigrant students, all students, or employers,” and the proposal places no specific limits on how schools source the funds, as long as they follow other laws, such as federal foreign gift and contract reporting. Fee recovery approaches will also likely be shaped by other laws, such as state consumer protection or tuition rules, and by the terms of enrollment agreements. Schools could request a refund, at SEVP’s discretion and on a case-by-case basis, only if the student has not received an employment authorization document for the associated OPT. The DSO would first have to remove the OPT recommendation from SEVIS. Refund determinations would be final and not subject to administrative appeal.
DHS estimates that the proposed fees could generate approximately $8.4 billion to $16.5 billion annually, with a primary estimate of approximately $12.4 billion after the first year. DHS acknowledges that the fees could reduce OPT and STEM OPT participation, because some schools may decline to pay the fee.
Next Steps
Public comments will be accepted through November 9, 2026, and comments on the related information collection are due by December 7, 2026. Once the comment periods close, DHS will review the comments before publishing any final rule. The rule, if finalized, will take effect sixty days after publication. The substance, timing, and implementation of the rule may change during the rulemaking process.
For now, there is no new OPT fee in effect, and existing OPT and STEM OPT procedures remain in place.
Ogletree Deakins’ Immigration Practice Group will continue to monitor developments and will post updates on the Higher Education and Immigration blogs as additional information becomes available.
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