Policy Update · Proposed October 8, 2026 · JBNP Law
DHS has proposed a $70,000 fee for each initial Optional Practical Training (OPT) recommendation. It is a proposal, not law, and no one owes this fee today, but it would reshape how students and the employers who hire them plan.
On October 8, 2026, DHS (ICE) published a proposed rule in the Federal Register, “Optional Practical Training Fees” (RIN 1653-AB01, DHS Docket ICEB-2026-0100). It would add a fee of $70,000 for a student’s initial OPT and $30,000 for any subsequent OPT.
The fee would be paid by the SEVP-certified school for each student it recommends. A Designated School Official could not enter the OPT recommendation in SEVIS until the fee is paid, and a school could seek a refund if the student does not receive an employment authorization document. Comments are due November 9, 2026 at 11:59 p.m. Eastern through regulations.gov.
DHS states that the aim is to combat fraud and abuse of OPT and to protect U.S. workers. The proposal says schools may pass the cost on to students or employers, and that it applies regardless of how the student obtained F-1 status or an extension of stay. DHS says it considered exemptions for small institutions and did not adopt them. The fees would go to the U.S. Treasury, not to ICE.
If finalized as written, expect some schools to stop recommending OPT, to charge students directly, or to ask employers to cover the cost. We are also watching how this interacts with the H-1B pipeline, because OPT is the first work step for many future H-1B employees.
Remember that this is a proposal. Rules often change between the proposed and final version, and nothing here takes effect unless and until DHS publishes a final rule.
For employers who hire F-1 graduates, we are modeling what a cost shift would do to hiring plans and building timelines that do not depend on a long OPT runway. For students, we are reviewing when to file OPT and what alternatives exist. If you want to submit a comment, we can help before November 9.
Talk to us before you decide when to file OPT or how to budget for hiring. Our H-1B practice page explains the next step for many graduates, and you can book a consultation to plan around it.
This post is general information, current as of when it was written — not legal advice, and no substitute for talking to an attorney about your own case. This area is changing quickly, and reading this doesn’t make us your lawyers. Please get advice on your specific situation before you act.