The Department of Homeland Security has proposed a $70,000 Optional Practical Training (OPT)Temporary work authorization that lets eligible F-1 students work in a job directly related to their field of study. It can be used before or after completing a program, for up to 12 months in total at each education level, and students with certain STEM degrees can apply for a 24-month extension. USCIS grants it on Form I-765 after the school's designated school official recommends it.See it in the glossary fee for each F-1 student’s first period of Optional Practical Training and $30,000 for any later period, to be paid by the student’s school, according to a public inspection copy of the rule filed October 7 and scheduled for publication in the Federal RegisterThe daily journal of the U.S. government where proposed and final rules, notices and executive orders are published.See it in the glossary on October 8.
The Notice of Proposed Rulemaking (NPRM)A formal announcement of a rule an agency intends to adopt, usually open for public comment before it takes effect.See it in the glossary comes from U.S. Immigration and Customs Enforcement under docket ICEB-2026-0100 and RIN 1653-AB01. It is the rule that cleared White House review in September. It is a proposal only, and no fee applies today. Under the proposal-versus-rule distinction, nothing changes until DHS issues a Final ruleThe version of a federal regulation that an agency publishes in the Federal Register after reviewing public comments on a proposed rule. It sets an effective date, which generally falls at least 30 days after publication, and its text is added to the Code of Federal Regulations.See it in the glossary and it takes effect.
What the proposed OPT fee would cost
The first fee is $70,000, charged once per student, for the first time a school recommends that student for any type of OPT or STEM OPT. That covers pre-completion and post-completion OPT alike.
A second fee of $30,000 applies to each later OPT recommendation for a student who has already paid the first one. That includes a STEM OPT extension. The rule gives an example: a student recommended for pre-completion OPT and then for post-completion OPT would trigger $70,000 and then $30,000.
The fee is not tied to an employer, and changing employers does not trigger it. The proposal does not cover Curricular Practical Training (CPT)Work authorization for F-1 students for training that is an integral part of an established curriculum and directly related to their major. A designated school official authorizes it in SEVIS and on the Form I-20, and the student may start only after receiving the endorsed I-20. Students generally need one full academic year of enrollment first, and 12 months or more of full-time CPT makes a student ineligible for post-completion OPT at that education level.See it in the glossary.
Who would pay the OPT fee
The proposal puts the payment on the school. A Designated School Official could not enter an OPT recommendation in the student record system until the school has paid, and USCIS would not grant work authorization before payment. The student’s new Form I-20 would carry the payment information.
DHS acknowledges that schools may pass the cost on to F-1 students, to all students, or to employers. The proposal sets no limit on how a school raises the money.
A school could request a refund if the student has not received an EAD (Employment Authorization Document)A card issued by USCIS on Form I-765 that allows certain noncitizens to work legally while another application is pending or a status permits it.See it in the glossary. The fee would not be refunded once the student has one. ICE’s Student and Exchange Visitor Program would decide each request case by case, and its decision would be final and not appealable.
When the OPT fee would apply
DHS proposes that a final rule take effect 60 days after it is published. The fee would apply to OPT recommendations dated on or after that effective date. Students who already have a recommendation or approved OPT before then would not be charged for that period, but a later request on or after the effective date would be.
DHS also asks for comment on an alternative: charging the $70,000 fee again when a student starts a higher level of study, such as a master’s degree after a bachelor’s degree.
Why DHS says it wants the fee
DHS says the fee is meant to combat OPT fraud and protect U.S. workers. It argues that a financial stake would push schools to look harder before recommending students, and says that without the fees it may shut down the program entirely.
The notice cites DHS figures showing 194,554 F-1 students with OPT work authorization who reported employment in 2024, plus 165,524 students in STEM OPT. DHS says it set the initial amount to align closely with H-1B fees. The money would go to the U.S. Treasury as miscellaneous receipts, and ICE would not keep it.
What DHS estimates the OPT fee would cost
The Office of Management and Budget has designated the rule economically significant. Discounted at 3 percent, DHS estimates annualized costs of about $4.1 billion, within a range of $32 million to $8.2 billion. It estimates annualized transfers from schools to the federal government of about $12.8 billion, within a range of $8.7 billion to $16.9 billion, and 10-year transfers of about $109.4 billion.
DHS also estimates a significant economic impact on a substantial number of small entities. It says 56 percent of SEVP-certified schools are small entities, and that it considered and rejected an exemption for small schools.
How to comment on the OPT fee proposal
Comments are due 30 days after Federal Register publication, and comments on the paperwork requirements are due 60 days after. They must be filed through regulations.gov under docket ICEB-2026-0100. DHS says emails and letters sent to the department will not be treated as comments.
What happens next
The October 7 text is the public inspection version, and the official version appears once the notice is published. DHS says it will consider all comments and may change the rule based on them. Until a final rule is published and takes effect, the current OPT process stays in place.