New CPT Rules and OPT Fees in the US: What's Known as of October 2026

In October 2026, two related storylines are unfolding in parallel for international F-1 students in the US: on October 5, four educational organizations filed a lawsuit against ICE’s new narrow interpretation of CPT, while DHS has proposed fees of $70,000 and $30,000 for participation in OPT — neither initiative is final yet.

In short

• The CPT regulation itself hasn’t changed, but ICE changed its interpretation without public comment — that’s exactly what the plaintiffs are challenging in the lawsuit filed on October 5, 2024.
• At risk are programs with elective practical training and academic credit attached, not mandatory for all students.
• CPT employment is only valid under a current Form I-20 — a school letter or waiting for a future I-20 does not authorize work.
• DHS is proposing a $70,000 fee for a student’s first OPT recommendation and $30,000 for each subsequent one — up to $100,000 total over the whole period of study.
• The public comment period on the OPT fee is open through November 9; the rule isn’t in effect yet and won’t affect EADs already issued.

The lawsuit against ICE: why schools are challenging the new CPT interpretation

On October 5, 2024, four higher education organizations filed a lawsuit against the Department of Homeland Security, Immigration and Customs Enforcement (ICE), and the Department of Justice. The trigger was two SEVP broadcasts issued in August 2024, in which the agency warned schools of tighter scrutiny over Curricular Practical Training (CPT) authorizations.

The CPT regulation itself was not changed: practical training must still be directly related to a student’s major and must be an integral part of the curriculum. The plaintiffs argue that ICE changed the interpretation of this requirement through the August broadcasts without going through notice-and-comment rulemaking. In their view, the new standard cannot be applied retroactively to programs that are already running.

In their view, the new standard cannot be applied retroactively to programs that are already running.

The plaintiffs are asking the court to block the August guidance and shield schools and students from retroactive consequences. Along with the lawsuit, they filed a motion for a preliminary injunction to suspend the new requirements — but as of 2026-10-15, the court had not ruled on that motion.

Old vs. new CPT interpretation: what’s different

The CPT regulation itself hasn’t changed: the requirement still says that practical training must be directly related to a student’s field of study and must be an integral part of an established curriculum. The dispute isn’t about the text of the rule — it’s about how it’s being read.

For years, the accepted interpretation allowed CPT in two situations. The first was when practical training was required to complete the degree. The second was when a student earned academic credit for it and the school built it into the program, even if participation wasn’t mandatory for every student.

ICE’s new interpretation is narrower than before: now the training must be mandatory for every student in the program, and the student must be unable to complete the degree without it. An optional internship or elective course generally doesn’t meet that bar anymore, even if it carries academic credit.

An optional internship or elective course generally doesn’t meet that bar anymore, even if it carries academic credit.

The programs most at risk are the ones built on the second, broader logic: elective practical training with credit attached, but not mandatory for all students.

What employers and students should check on CPT right now

Employers need to understand their own role: a designated school official authorizes CPT in the CVIS system, but the employer itself is named on the Form I-20, provides the work placement, and completes Form I-9 to verify employment eligibility. That means responsibility doesn’t stop with the school.

Documents and deadlines to track

Treat the CPT end date as the expiration of the work authorization itself: the employee must stop working the moment it expires, unless the school has issued a new Form I-20 covering an additional period. Because CPT runs on semesters, quarters, and other academic terms, there can be a gap of one or several days between the end of one term and the start of the next.

Every employee’s job duties must directly match the student’s major and the information that was submitted to the school. To back this up, it’s worth keeping the offer letter, job description, details about the supervisor and worksite, and any internship documents or partnership agreements filed with the school. Work is only allowed under a current, active Form I-20 that names the specific company and specific dates — starting work based on a school letter, a pending request, or in anticipation of a future I-20 is not permitted.

Higher-risk programs and what to do if there’s a delay

Programs that allow CPT right at the start of enrollment, along with those where the placement is structured as an elective course rather than a requirement for all students, are likely to draw extra scrutiny. Under the current climate, schools may delay or deny CPT authorization, and employers and students should be prepared for a pushed-back start date, a temporary pause in employment, or checking whether the student has another basis for work authorization.

This also matters for future immigration filings: on a later application, a student may need to show that F-1 status was properly maintained, and USCIS can take the position that status wasn’t properly maintained during CPT — this has already happened in change-of-status cases to H-1B during the first Trump administration.

What employers and students should check on CPT

• Current Form I-20 naming the specific company and datesrequiredWorking without it, on a school letter, or while awaiting issuance is not allowed
• Form I-9 for employment eligibility verificationrequiredCompleted by the employer
• CPT end date tracked as the work authorization’s expirationrequiredEmployment must stop on the expiration date unless a new I-20 is issued
• Job duties match the student’s majorrequiredAnd the information submitted to the school
• Job offer letterTo confirm the role matches the student’s major
• Job description and supervisor/worksite detailsKeep on file in case of review
• Internship documents or partnership agreements with the schoolIf the program requires them
• Check for a possible gap between academic termsrequiredBetween the end of one semester/quarter and the start of the next
• Availability of an alternative basis for work authorizationIn case the school delays or denies CPT authorization

Proposed OPT fees: $70,000 and $30,000

DHS has proposed a rule that could significantly restrict access to OPT (Optional Practical Training) for F-1 students. Under the proposal, a school would owe a $70,000 fee for a student’s first OPT participation, and $30,000 for each subsequent one. These fees aren’t in effect yet — this is a proposed rule, not a rule that has taken legal effect.

The school must pay $70,000 before its designated school official enters the student’s first OPT recommendation into SEVIS. This initial fee applies regardless of whether it’s pre-completion or post-completion OPT.

After the initial fee is paid, every subsequent OPT recommendation requires a separate $30,000 payment — before that recommendation is issued. “Subsequent” recommendations include: post-completion OPT that follows pre-completion OPT, a new OPT period when the student moves up to a higher level of education, and a STEM OPT extension.

If the proposed rule becomes final, USCIS will not approve Form I-765 unless the school has paid the required fee before the corresponding OPT recommendation is issued.

Who pays the OPT fee: school, student, and a comparison with H-1B

Formally, the school makes the payment — it’s the school that transfers the money before issuing an OPT recommendation. But the rule explicitly allows the school to pass that cost on to the student: the school remains responsible for paying, but the money doesn’t have to come from the school itself.

DHS states that funding can come from the student, from an employer, from other students, or from third-party organizations. A school can also simply refuse to pay for a particular student — in that case, the student won’t receive an OPT recommendation, even while formally still eligible for it.

The total cost depends on which types of OPT a student uses. If a student only uses post-completion OPT, only the initial $70,000 fee applies. If that same student later applies for a STEM OPT extension, another $30,000 is added — up to $100,000 total over the entire period of study and practical training, which can run as long as 3 years. Changing employers within an already-authorized OPT period doesn’t trigger a fee on its own: the fee is tied to the moment the school issues a new OPT recommendation, not to a change of workplace.

This structure is different from H-1B fees, which can also add up to $100,000 but are tied to a specific employer. The OPT fee is tied to the student: it doesn’t matter who the student works for — it’s the school’s recommendation itself that triggers the payment.

The OPT fee is tied to the student: it doesn’t matter who the student works for — it’s the school’s recommendation itself that triggers the payment.

OPT fee vs. H-1B fee

Criterion	OPT fee (proposed)	H-1B fee
What it’s tied to	The school’s recommendation issued for the student	A specific employer
Who formally pays	The school	The employer
Maximum amount	Up to $100,000 over the entire period of study and practical training	Up to $100,000
Does changing employers trigger it	No — the fee isn’t tied to the workplace	Yes — it’s tied to a specific employer

Timeline: when the fee rule could take effect

The public comment period on the rule is open through November 9 — that’s the deadline for DHS to receive feedback from schools, employers, and students. If the rule is finalized, it will take effect 60 days after publication in the Federal Register.

EADs already issued won’t be affected by this change: existing work authorizations aren’t revoked, and no fee is triggered retroactively for them. The new requirement would apply only to future EADs — cases where a school issues an OPT recommendation after the rule’s effective date. If the recommendation is issued before that date, no fee obligation arises, even if the student receives the actual EAD later.

Employers planning to hire F-1 graduates should keep in mind that this is still a proposal, not a rule in force, and submitting a comment before November 9 is an option — DHS specifically notes that useful input includes data on hiring graduates, unfilled positions, project delays, and companies’ real ability to absorb costs like these.

Frequently asked questions

Can a student still do CPT if their major changed during their studies?

The source material doesn’t address this directly — what matters is the student’s current major on file with the school, which the training must match. If the major changed, go by the most recent information the school has on record, not what was declared at admission.