The Department of Homeland Security (DHS) has published a proposed rule that would require U.S. colleges, universities and other eligible educational institutions to pay significant new fees for international students participating in the Optional Practical Training (OPT) program.
Under the proposal, schools would be required to pay $70,000 for each F-1 international student initially recommended for OPT and an additional $30,000 for each subsequent OPT recommendation, including certain extensions.
It is important to note the proposed rule is not currently in effect. The existing OPT program remains available under current regulations, and any final rule could face legal challenges.
If finalized, the proposed changes could have significant implications for educational institutions, international students and employers that rely on OPT to recruit and retain international graduates.
What is Optional Practical Training (OPT)?
OPT allows eligible F-1 international students to gain practical work experience in the United States directly related to their major area of study, either during or after completing their academic programs.
Eligible students generally may receive up to 12 months of OPT authorization, while graduates with qualifying science, technology, engineering and mathematics (STEM) degrees can apply for an additional 24-month extension.
The program provides international students with opportunities to gain professional experience and allows U.S. employers to recruit graduates with specialized skills and education.
What would the proposed rule change?
The proposed rule would establish two new fees for Student and Exchange Visitor Program (SEVP)-certified educational institutions:
- Initial OPT fee: A one-time $70,000 payment for each F-1 student initially recommended to participate in OPT, regardless of whether the training occurs before or after graduation.
- Subsequent OPT fee: A $30,000 payment for each additional OPT recommendation for a student who has previously participated in OPT and for whom the initial fee has been paid.
The applicable fee would need to be paid before a designated school official (DSO) enters the recommendation into the Student and Exchange Visitor Information System (SEVIS). U.S. Citizenship and Immigration Services (USCIS) would not grant OPT employment authorization without confirmation that the fee has been paid.
The fees would apply to the school’s recommendation of a student for OPT rather than to a specific employer or job opportunity.
What could the OPT fee proposal mean for schools, students and employers?
If implemented, the proposed fees could create significant financial and administrative challenges for educational institutions that enroll international students.
Schools would need to evaluate the costs associated with recommending students for OPT, potentially affecting the availability of practical training opportunities and the ability of colleges and universities to attract and retain international students.
DHS acknowledged in the proposed rule that schools “may pass the financial obligation of this proposed fee onto F-1 nonimmigrant students, all students, or employers,” meaning F-1 students could ultimately be responsible for paying some or all of the fee, depending on their school’s policies.
The proposal could also have broader implications for employers that recruit international graduates, particularly in STEM-related industries where OPT is commonly used as a pathway to employment in the United States.
Employers that rely on OPT as part of their long-term workforce planning could face additional challenges recruiting and retaining international talent, including individuals who may eventually transition to H-1B status or other employment-based immigration classifications.
What happens next?
The proposed rule is subject to a public comment period ending Nov. 9, 2026. DHS must review and consider public comments before issuing any final regulation.
If finalized, the rule would take effect 60 days after publication in the Federal Register. Any final rule is also very likely to face legal challenges, potentially delaying or preventing its implementation.
In the meantime, the current OPT program remains available under existing regulations. Schools, students and employers should continue following current requirements while monitoring the rulemaking process.
Other changes affecting international students
The proposed OPT fees come amid other potential changes affecting international students and educational institutions, including DHS’s separate rule seeking to eliminate duration of status (D/S) for F-1, J-1 and I visa holders.
That rule, which would replace duration of status with fixed periods of authorized stay, was blocked by a federal court in September 2026 and remains on hold. The two measures are separate regulatory actions, and the court’s decision regarding duration of status does not affect the proposed OPT fees.
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