The U.S. Department of Homeland Security (DHS) has proposed a rule that would require schools to pay $70,000 for every F-1 student starting OPT for the first time, and $30,000 for every OPT renewal.
In short
- DHS has proposed a $70,000 fee for initial OPT and $30,000 for each renewal, including a STEM OPT extension
- The school, not the student, is required to pay the fee — before the DSO recommends the student for OPT in SEVIS
- Under the proposed rule, without the school’s fee payment USCIS would not be able to issue work authorization
- The rule is not yet finalized: the public comment period is underway, with a final version not expected before Q1 of next year
- A parallel $13,000 H-1B fee and a shortened 60-day grace period are also being proposed
What DHS proposed: the substance of the new rule
On October 7, 2026, the U.S. Department of Homeland Security (DHS) published a proposed rule introducing new fees for F-1 visa students participating in Optional Practical Training (OPT) — temporary work authorization in a student’s field of study after graduation. The rule is not yet finalized: it first goes through a public comment period, and only after that period ends can DHS put the fee into effect.
The stated goal of the proposal is to reduce the inflow of low-cost labor and make it easier for American citizens to compete in the job market. In the text of the proposal, DHS states directly that mass participation of students in OPT as a source of cheap labor undermines employment opportunities for U.S. citizens. This is not the agency’s first attempt to restrict programs for foreign workers — similar measures have previously been discussed for the H-1B visa.
mass participation of students in OPT as a source of cheap labor undermines employment opportunities for U.S. citizens
The rule specifically applies to students in F-1 status who apply for OPT — both for initial authorization and for renewal.
DHS has proposed a new fee for F-1 students on OPT. According to the agency, the goal is to protect the U.S. job market from cheap labor. The rule is not yet finalized.
How much it would cost: $70,000 for initial OPT and $30,000 for renewal
The figures below are part of a proposed rule that has not yet been finalized; they may change when the final version is published.
| OPT stage | Fee amount |
|---|---|
| Initial OPT for an F-1 student | $70,000 |
| Any subsequent OPT renewal, including a STEM OPT extension | $30,000 |
The fee is tied not to the student directly but to each filing event: the school or college pays $70,000 for the initial OPT authorization and a separate $30,000 for each subsequent renewal for the same student. DHS justifies these amounts as a way to combat fraud and abuse in the system, as well as to protect the job market for American citizens.
For comparison: most U.S. colleges and universities charge a single student less than $70,000 in tuition — meaning the proposed OPT fee could exceed a full year’s cost of attendance.
the proposed OPT fee could exceed a full year’s cost of attendance
Proposed OPT fees for F-1 students
These amounts are part of a DHS rule that has not yet been finalized and may change
- Initial OPT$70,000
- OPT renewal, including STEM OPT extension$30,000
Initial OPT would cost $70,000, and any renewal, including a STEM OPT extension, would cost $30,000 — more than a full year of tuition at most U.S. colleges.
Who pays the fee: the school or the student
The school, not the student directly, is required to pay the fee. Under the proposed rule, the SEVP-certified school pays it before a designated school official (DSO) recommends the F-1 student for OPT in SEVIS.
The sequence works like this: the school pays the fee → the DSO recommends the student for OPT in SEVIS → the student applies for work authorization with USCIS. If the school does not pay the fee, under the proposed rule USCIS would not be able to issue work authorization — the application simply would not move forward. While the rule is not yet finalized, this condition is already built into the draft as a mandatory step before filing.
USCIS would not be able to issue work authorization — the application simply would not move forward
Formally, the school pays the money, but the decision to continue studying or pursuing employment remains with the student — which means the cost of the school’s fee will most likely be passed on to the student one way or another through program tuition.
How OPT filing would work under the new rule
Without the school’s fee payment, the student’s application cannot move forward
- School pays the fee ($70,000 or $30,000)
- DSO recommends the student for OPT in SEVIS
- Student files the work authorization application with USCIS
Formally, the school pays the fee, not the student. But without payment, the DSO cannot recommend the student for OPT, and USCIS cannot issue work authorization — so the cost is likely to be passed on to the student through program tuition.
When the rule would take effect: comment period and finalization
The fee is not in effect right now — only a draft rule has been published, and it still has to go through the standard rulemaking process. The comment period begins on October 8, 2026, and, according to preliminary information, is expected to last around one month — the exact closing date should be verified on federalregister.gov, since the source for this publication could not be confirmed word-for-word. All comments are submitted online.
After the comment period ends, DHS must review the feedback received and only then publish the final version of the rule — it is this final version that will determine whether the fee takes effect, and in what form. The agency, by its own projections, expects to issue the final rule in the first quarter of next year — and that is the earliest possible timeline.
In other words, actual enforcement of the fee is still several months away, and the final parameters of the rule may change as a result of the public comment process.
The rule is not yet in effect — the public comment period is underway. The final version is not expected before the first quarter of next year, and the parameters may still change.
Similar changes coming for H-1B
In parallel, changes are also being prepared for the H-1B work visa: the grace period would be shortened to 60 days, and a $13,000 fee would be introduced for the visa itself. These measures are going through the same regulatory process and are expected on roughly the same timeline as the new OPT rules — early next year.
Frequently asked questions
What happens to students who are already on OPT now, while the rule has not yet taken effect?
While the rule is not finalized, the fee does not apply, and those who already secured OPT before the rule takes effect continue under their current terms. The new amounts would apply to applications filed after the rule officially takes effect — and that will not happen before the first quarter of next year.
Can a school simply refuse to pay the fee and stop filing OPT applications?
The proposed rule does not directly address this question, but the logic of the mechanism is clear: if a school does not pay the fee, the DSO cannot recommend the student for OPT, and the application simply never reaches USCIS. Formally, that decision remains with the school, not with the government.
Will the new fee affect students who have already graduated and are working on OPT without a renewal?
The fee is tied to a specific filing event — the initial application or a renewal, including a STEM OPT extension. A student who is not filing a new application and not renewing an existing authorization does not pay any new fee until the next filing event occurs.
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