The Department of Homeland Security published a notice of proposed rulemaking, “Optional Practical Training Fees”, in the Federal Register on 8 October 2026 (91 FR 64566; FR Doc. 2026-20660; Docket ICEB-2026-0100; RIN 1653-AB01). It would set two new fees for each F-1 student who takes part in OPT through a school certified by the Student and Exchange Visitor Program (SEVP):
- $70,000 for initial OPT;
- $30,000 for any subsequent OPT, including the 24-month STEM OPT extension.
DHS says the purpose is “to combat fraud, strengthen the integrity of the immigration system, and protect U.S. workers.”
The bill goes to the school. The rule leaves it to the school to decide who ends up paying.
How it would work
The school would pay before its designated school official recommends the student for OPT. Under proposed 8 CFR 214.13(i), the fee applies to the first OPT of any type a student takes and is not tied to a particular employer. Schools could seek a refund if the student never receives an OPT employment authorization document. The money would go to the Treasury as miscellaneous receipts under 31 U.S.C. 3302; ICE would not keep it. DHS proposes that a final rule take effect 60 days after publication and apply only going forward.
DHS’s legal basis is its authority to set conditions of admission (INA 214(a)(1)) and its general powers under the Homeland Security Act and INA 103. DHS says the fees “are intended to discourage aliens from using the OPT program to market themselves to employers seeking to bypass H-1B caps, fees, and prevailing wage requirements.” It also says the fees are “on par with the educational costs that foreign students incur for one or two years of education” in the United States.
DHS’s own cost estimates
The regulatory impact analysis gives wide ranges at a 3% discount rate:
- Annualized costs: $32 million to $8.2 billion, with a primary estimate of $4.1 billion.
- Annualized transfers: $8.7 billion to $16.9 billion, with a primary estimate of $12.8 billion.
- Ten-year transfers: $74.6 billion to $144.3 billion.
These are DHS scenarios that depend on how many students still take OPT once the fee applies. They are not revenue forecasts.
What this piece refuses
Do not report that students “must pay $70,000.” The rule charges schools, which may pass the cost on. Do not report that OPT is abolished or that the fee is in force. This is a proposal, comments are open, and any final rule would apply 60 days after publication. Do not present DHS’s transfer ranges as projected Treasury revenue.
Contested: DHS and restrictionists argue that OPT is used as a back door around H-1B caps and wage rules, at U.S. workers’ expense. Opponents, including schools that depend on international enrolment, have until 9 November to file comments; this piece has not pulled any formal response yet. DHS itself says it is “speculative” to assume OPT is the sole reason students choose U.S. schools. Whether a fee this size fits within DHS’s authority over conditions of admission is an open legal question. In a separate case, a federal court has already vacated agency policies implementing the $100,000 H-1B fee (see related coverage).
Bottom line
Verified as of 8 October 2026: DHS proposes $70,000 per F-1 student for initial OPT and $30,000 for later OPT, billed to the certifying school and refundable if no work permit issues. Comments are due 9 November 2026, and comments on the information collection by 7 December. Nothing changes until a final rule is published and 60 days pass.
