On October 7, 2026, the Department of Homeland Security (DHS) announced a proposed rule that would impose steep new fees on Optional Practical Training (OPT). OPT is a program that allows F-1 international students to gain work experience in their field of study after (and in some cases during) their academic programs. If finalized, the rule would require a $70,000 fee for a student’s initial period of OPT and a $30,000 fee for any subsequent OPT period.
Who would pay for these fees?
DHS states that the SEVP-certified school would pay the fee before its Designated School Official (DSO) recommends the student for OPT in SEVIS, and before the student files with U.S. Citizenship and Immigration Services (USCIS). Under the proposed rule, the student will not be granted OPT unless the fee is paid.
Will this rule likely go into effect?
Unlike the $100,000 H-1B fee imposed in 2025 by Presidential Proclamation, the OPT fee is being pursued through formal notice-and-comment rulemaking. Even so, observers expect that a final OPT fee rule would likely face legal challenges, including questions about whether a fee of this size exceeds DHS’s statutory authority or functions as a tax that only Congress can impose.
Our team at Murray Osorio PLLC will continue to monitor this proposed rule. If you believe this proposed rule may affect you or someone you know, reach us at (800) 929-7142 to schedule a consultation with our Business Immigration attorneys.