The Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) have officially published a Notice of Proposed Rulemaking (NPRM) that would fundamentally transform the Optional Practical Training (OPT) program for international students.
Under Docket No. ICEB-2026-0100, the U.S. government is proposing massive new filing fees for F-1 nonimmigrant students seeking post-graduation or pre-completion work authorization in the United States.
Below is a breakdown of what is being proposed, who pays, how the process would work, and what F-1 students and universities need to know right now.
Key Takeaways: The Proposed Fee Structure
If finalized in its current form, the proposed rule would impose two major fees on OPT participation:
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$70,000 Initial OPT Fee: Required for any F-1 student's first time participating in OPT (whether pre-completion or post-completion).
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$30,000 Subsequent OPT Fee: Required for any subsequent OPT recommendation, including the 24-month STEM OPT extension or subsequent OPT periods at new degree levels.
Who is required to pay?
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Technically, the University: The rule explicitly places the legal obligation on SEVP-certified educational institutions. A Designated School Official (DSO) cannot recommend a student for OPT in SEVIS until the school confirms payment of the fee.
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In Practice, Students or Employers: DHS explicitly acknowledges in the proposed rule that universities may choose to pass this financial burden directly onto F-1 students, all enrolled students, or prospective U.S. employers.
How the Proposed Process Would Work
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Fee Payment: The school must pay the applicable fee ($70,000 or $30,000) before issuing the OPT recommendation.
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SEVIS Update: The DSO verifies payment and records confirmation in the Student and Exchange Visitor Information System (SEVIS).
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Form I-20 Issuance: The DSO provides the student with a signed Form I-20 containing confirmation of the fee payment.
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USCIS Adjudication: The student files Form I-765 (Application for Employment Authorization) with U.S. Citizenship and Immigration Services (USCIS). USCIS will not approve an Employment Authorization Document (EAD) if the fee has not been paid.
What about refunds?
Universities may request a refund on a case-by-case basis only if the student's EAD application is denied or canceled before approval. Once USCIS grants an EAD, the fee becomes completely non-refundable under any circumstances.
Why Is DHS Proposing These Fees?
In the rule, DHS cites three main reasons for imposing these unprecedented financial requirements:
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Combating Fraud & Abuse: DHS claims to have identified significant fraud schemes involving shell companies, improper employment records, and "pay-to-stay" arrangements within the OPT program.
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Leveling Costs with the H-1B Visa: DHS states that the $70,000 fee is designed to align with corporate expenses associated with H-1B visas, aiming to prevent companies from using OPT to bypass H-1B annual caps and filing fees.
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Protecting U.S. Workers: The agency argues that the surge in foreign STEM graduates on OPT impacts entry-level job opportunities and wage structures for U.S. workers.
Timeline: Is This Law Right Now?
No. This is currently a PROPOSED RULE, not a final law.
Before any of these changes can take effect, the rule must go through the standard federal rulemaking process:
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30-Day Public Comment Period: The public, universities, students, and employers have 30 days from the publication date to submit formal comments, objections, and feedback on www.regulations.gov.
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60-Day Implementation Window: If DHS issues a Final Rule following the public comment period, the changes are scheduled to take effect 60 days after publication.
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Prospective Application: DHS proposes to apply the fee only to new OPT recommendations issued by a DSO on or after the effective date. Students who have already received a DSO recommendation or an approved EAD prior to the effective date would not be retroactively charged for that period.
What Should F-1 Students Do Now?
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Do Not Panic, But Stay Informed: Because this is an NPRM, OPT rules remain unchanged today. However, students planning to apply for OPT in the coming terms should follow updates closely.
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Consult Your International Student Office (ISSS): Speak with your university’s DSOs to understand how your institution plans to handle OPT recommendations during this transition period.
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Submit a Public Comment: Individuals and institutions affected by federal rulemaking have the right to voice their perspectives. You can submit comments online by searching Docket ICEB-2026-0100 on Regulations.gov during the 30-day window.
Disclaimer: This blog post is for informational purposes only and does not constitute formal legal advice. If you have specific questions regarding your F-1 visa status, OPT eligibility, or immigration strategy, please consult with an experienced immigration attorney.
