DHS Proposes $70,000 OPT Fee and $30,000 STEM OPT Fee for International Students

The Department of Homeland Security (DHS), through U.S. Immigration and Customs Enforcement (ICE), has published a proposed rule that would fundamentally reshape the Optional Practical Training (OPT) program for F-1 students. Under the proposal, schools would be required to pay $70,000 the first time an F-1 student participates in OPT and $30,000 for each subsequent OPT authorization, including STEM OPT extensions.

The proposed rule is scheduled for publication in the Federal Register on October 8, 2026, and DHS will accept public comments for 30 days.

Background

Optional Practical Training allows eligible F-1 students to obtain employment authorization for work directly related to their field of study.

Current regulations generally permit:

  • Up to 12 months of OPT; and
  • An additional 24-month STEM OPT extension for eligible science, technology, engineering, and mathematics graduates.

The program has become one of the most widely used pathways for international students to gain professional experience in the United States after graduation.

Proposed Fees

DHS proposes:

Initial OPT Fee

A $70,000 fee for each F-1 student the first time a school recommends the student for any type of OPT.

The fee would apply whether the student’s first authorization is:

  • Pre-completion OPT; or
  • Post-completion OPT.

Subsequent OPT Fee

A $30,000 fee for any later OPT recommendation involving a student who previously participated in OPT.

This includes:

  • Additional OPT periods;
  • Post-completion OPT following pre-completion OPT; and
  • STEM OPT extensions.
Schools Would Pay the Fees

Importantly, the regulatory text places the legal payment obligation on SEVP-certified schools, not directly on students.

Before a Designated School Official (DSO) could enter an OPT recommendation in SEVIS:

  • The institution would first need to pay the required fee.
  • The DSO would have to verify fee payment in SEVIS.
  • USCIS would be prohibited from approving OPT authorization unless the fee had been paid.

However, DHS expressly acknowledges that schools may choose to recover these costs from:

  • Students;
  • Employers;
  • Other funding sources; or
  • Cost-sharing arrangements.
Why DHS Is Proposing the Change

DHS states that the proposed fees are intended to deter fraud, strengthen oversight of the OPT program, and ensure that schools play a greater role in monitoring student employment. The agency also argues that the fees would help offset government administrative costs and reduce reliance on OPT as a long-term employment pathway, encouraging greater use of the domestic workforce. According to DHS, the proposal is designed to improve program integrity while supporting broader immigration enforcement and compliance objectives.

Potential Impact

DHS estimates that:

  • Approximately 194,000 OPT participants and 95,000 STEM OPT participants were active during 2024.
  • The rule could generate between $8.4 billion and $16.5 billion annually in fee payments.
  • More than 56% of SEVP-certified institutions may qualify as small entities potentially affected by the proposal.

The agency acknowledges that some schools may decide not to fund OPT participation because of the new costs, which could reduce participation levels significantly.

What’s Next

If finalized, the rule would take effect 60 days after publication of a final rule.

Under DHS’s proposal:

  • Any OPT recommendation issued on or after the effective date would require the $70,000 fee.
  • Subsequent OPT recommendations would require the $30,000 fee.
Erickson Insights & Analysis

The proposed OPT fee rule appears to be part of a broader administration effort to increase both the cost and scrutiny of employment-based immigration programs. It follows DHS’s proposal to impose a $103,265 fee on cap-subject H-1B petitions and other recent measures tightening evidentiary requirements and compliance reviews across immigration categories. For universities and employers that rely on international talent, the combined impact of the proposed OPT and H-1B fee increases could significantly affect workforce planning and recruitment strategies.

Erickson Immigration Group will continue to monitor developments and share updates as more news becomes available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or if you have case-specific questions.