Dark Mode
DHS Proposes $70,000 OPT Fee for International Students Under New Immigration Rule
The Trump administration has proposed sweeping changes to Optional Practical Training that could dramatically increase the cost of employment authorization for international students in the United States. With proposed fees of $70,000 for initial OPT and $30,000 for subsequent training periods, F1 students, universities, and employers may face significant financial and immigration challenges.
Trump Administration Proposes Major New OPT Fees for International Students
The Trump administration announced a significant proposed immigration policy change on October 7, 2026, that could dramatically affect international students seeking employment opportunities in the United States.
According to an official announcement from the Department of Homeland Security, the administration is proposing new fees for foreign students participating in Optional Practical Training, commonly known as OPT.
Under the proposed rule, schools would be required to pay $70,000 for a student’s initial OPT authorization recommendation and $30,000 for qualifying subsequent OPT recommendations.
These fees could apply to international students pursuing practical training before graduation, after completing their academic programs, or through extensions available to eligible graduates in science, technology, engineering, and mathematics fields.
The proposal was formally published in the Federal Register on October 8, 2026, under the title Optional Practical Training Fees.
The administration says the changes are intended to prevent immigration fraud, protect American workers, and discourage employers from using the OPT program to obtain lower cost foreign labor.
For international students who have invested substantial financial resources in obtaining an American education, the proposal introduces serious questions about future employment opportunities and immigration planning.
However, students should understand that the proposed OPT fees have not yet become final regulations. The government must complete the rulemaking process before the new payment requirements can take effect.
What Is Optional Practical Training and How Does It Work?
Optional Practical Training is a federal immigration program that allows eligible international students holding F1 visa status to obtain temporary employment authorization directly related to their academic field of study.
The program provides an opportunity for international graduates to gain practical professional experience in the United States.
Under existing regulations, eligible F1 students may generally participate in up to 12 months of OPT at each educational level.
OPT is divided into two primary categories.
Precompletion OPT allows qualifying students to receive employment authorization before finishing their academic programs, subject to applicable limitations.
Postcompletion OPT allows eligible graduates to obtain practical training authorization after completing their studies.
Students who earn qualifying degrees in science, technology, engineering, or mathematics may also be eligible for an additional 24 months of employment authorization through the STEM OPT extension.
This means certain international graduates may qualify for up to 36 months of practical training authorization when combining standard postcompletion OPT and an eligible STEM extension.
Students generally must obtain a recommendation from their school’s designated school official and file Form I765, Application for Employment Authorization, with United States Citizenship and Immigration Services.
OPT has become an important opportunity for international graduates pursuing professional careers in technology, engineering, healthcare, business, and other industries.
The proposed fee requirements could substantially change how students and universities approach these employment opportunities.
How Much Would International Students Have to Pay Under the New OPT Proposal?
The proposed regulation would establish two major fee categories for international students seeking OPT authorization.
According to the Federal Register notice published October 8, 2026, the new fees would include an initial OPT fee of $70,000 and a subsequent OPT fee of $30,000.
The $70,000 fee would apply to the first covered OPT recommendation for an F1 student under the new payment system.
The $30,000 fee would apply to later qualifying OPT recommendations when the student had previously participated in OPT and the initial $70,000 fee had already been paid.
For example, a student who receives an initial OPT recommendation after the proposed rule becomes effective could trigger the $70,000 fee.
If that student subsequently qualifies for a STEM OPT extension, the school could face an additional $30,000 payment before recommending the extension.
Combined, the two recommendations could result in $100,000 in OPT program fees.
The proposed regulation also addresses students who participate in practical training before graduation and later request additional authorization after completing their academic program.
In those circumstances, separate OPT recommendations could result in additional fees, even when the student continues working for the same employer.
Importantly, the proposal does not establish a general $100,000 lifetime maximum. Additional qualifying OPT recommendations could trigger further payments.
DHS has also requested public comments on an alternative approach that would impose another $70,000 initial fee when a student advances to a higher educational level and begins a new period of OPT.
That alternative remains under consideration and has not been adopted.
Who Would Be Responsible for Paying the Proposed OPT Fees?
One of the most significant aspects of the proposed regulation is that educational institutions, rather than students or employers directly, would be responsible for submitting the required OPT payments to the federal government.
Under the proposal, schools certified by the Student and Exchange Visitor Program would have to pay the applicable fee before recommending a student for practical training.
A designated school official would be prohibited from entering the student’s OPT recommendation into the Student and Exchange Visitor Information System until the required payment had been made.
After the school confirms payment, the student could receive an updated Form I20 containing the OPT recommendation and payment information.
The student would then proceed with the employment authorization application through USCIS.
However, the fact that universities would submit these payments does not necessarily mean they would absorb the financial burden.
The Federal Register notice specifically acknowledges that educational institutions could pass these costs to international students, their broader student populations, or employers, provided the arrangements comply with applicable laws.
This creates uncertainty about how schools would finance the program and whether employers would be willing to support international graduates facing substantial OPT related expenses.
For students who already pay significant tuition, housing, insurance, and other educational expenses, additional financial requirements could make practical training considerably less accessible.
Would the New OPT Fees Affect Students Already Working in the United States?
International students who currently participate in OPT may be concerned that the proposed fees could immediately affect their existing employment authorization.
The proposed regulation includes transition provisions intended to distinguish previously issued OPT recommendations from future request.
Under the proposed framework, students who receive a qualifying OPT recommendation before the effective date would generally not be required to pay the new fee for that existing recommendation.
Likewise, the proposal does not automatically terminate previously approved OPT employment authorization.
However, students requesting new training periods after the rule takes effect could face the new payment requirements.
For example, a student currently working through standard OPT who later applies for a STEM OPT extension may need a new recommendation from the school’s designated official.
If that recommendation occurs after the proposed rule becomes effective, the new fees could apply.
An especially important distinction is that the proposed $30,000 subsequent fee requires prior payment of the initial $70,000 OPT fee.
Consequently, a student who received standard OPT authorization before the new fee system began could potentially face the $70,000 initial fee when requesting a STEM OPT extension under the new system.
The proposed regulation’s economic analysis specifically anticipates this possibility for participants entering the fee system during its first year.
Students approaching an employment authorization expiration date should therefore carefully review their circumstances rather than assume that existing participation automatically qualifies them for the lower fee.
How Would the Proposed Rule Affect STEM OPT Extensions?
STEM OPT is particularly important for international graduates pursuing careers in science, technology, engineering, and mathematics.
Eligible graduates may use a STEM OPT extension to continue gaining professional experience in the United States for an additional 24 months.
The proposed fees could introduce substantial financial obstacles for these individuals and their employers.
For students whose initial OPT recommendation becomes subject to the $70,000 fee, a later STEM OPT extension could trigger an additional $30,000 fee.
For students whose original OPT was authorized before the new payment system, the financial consequences of a future STEM recommendation could be different.
The proposal also preserves the existing procedural distinction between an OPT recommendation and USCIS approval of employment authorization.
Schools would still need to issue the appropriate recommendation, and students would still need to satisfy the applicable eligibility requirements.
STEM OPT applicants would remain subject to requirements involving qualifying degrees, eligible employers, appropriate training plans, and other existing immigration regulations.
The proposed fees would represent an additional regulatory requirement rather than a replacement for the existing STEM OPT eligibility framework.
For international graduates whose long term immigration plans depend on additional training time, careful review of application deadlines and available immigration options could become increasingly important.
Why Is DHS Proposing $70,000 OPT Fees?
The Department of Homeland Security states that the proposed OPT fees are intended to strengthen immigration enforcement and reduce opportunities for fraud and abuse.
According to the October 7 DHS announcement, federal authorities have identified instances in which individuals and businesses allegedly misused the OPT program to facilitate improper employment arrangements.
The agency specifically referenced problematic worksites, false employment claims, and arrangements sometimes described as pay to stay schemes.
DHS argues that imposing substantial fees would encourage educational institutions to exercise greater oversight when recommending international students for OPT.
The administration also maintains that the fees could discourage employers from relying on OPT as an alternative to other employment visa programs.
In the Federal Register notice, DHS cites data indicating that 194,554 F1 students participated in standard OPT employment during 2024, while approximately 165,524 participated in STEM OPT.
The agency argues that the growth of practical training programs has increased oversight challenges and raised concerns about employment opportunities for American workers.
However, these policy arguments should be distinguished from findings about individual students.
The existence of fraud investigations does not establish that all international students participating in OPT have engaged in misconduct.
The proposed rule also acknowledges possible economic consequences, including reduced participation, lost earnings for students, decreased productivity for affected employers, and potential enrollment declines at educational institutions.
Although DHS presents the fees as a program integrity measure, their ultimate economic and immigration consequences would depend on the final regulation and how schools, students, and employers respond.
Could Changing Employers Trigger Another $30,000 OPT Fee?
International students frequently change employers during authorized periods of practical training.
One important clarification in the proposed rule is that the new fees would not be triggered simply because a student changes employers.
Instead, the payment requirement would be connected to the school’s recommendation for a particular OPT period.
For example, an international student who changes employers while continuing an existing authorized period of OPT would not trigger a new fee solely because of that employment change.
However, a student requesting a new OPT period or qualifying extension could trigger another payment even when continuing employment with the same company.
Students must still comply with existing OPT reporting obligations and any applicable STEM OPT requirements when changing employment.
For this reason, international graduates should distinguish between employment changes that require reporting or updated documentation and requests that require a new OPT recommendation.
Does the Proposed Rule Also Affect Curricular Practical Training?
The proposed regulation specifically concerns Optional Practical Training.
The Federal Register notice expressly states that the proposed OPT fee rule does not address Curricular Practical Training, commonly known as CPT.
CPT is a separate form of practical training authorization available to eligible F1 students when employment or training is an integral part of an established academic curriculum.
Because CPT and OPT operate under different regulatory requirements, students should not assume that the proposed $70,000 and $30,000 fees would automatically apply to CPT participation.
Nevertheless, students considering CPT should understand its separate eligibility requirements and the potential relationship between prior practical training and future OPT eligibility.
For example, participation in 12 months or more of full time CPT can affect eligibility for postcompletion OPT.
Reviewing these issues before accepting employment opportunities can help international students avoid unintended immigration consequences.
When Would the New OPT Fees Take Effect?
As of October 8, 2026, the new OPT fees remain a proposal rather than an implemented regulatory requirement.
The Federal Register notice proposes that the final rule would become effective 60 days after its publication in the Federal Register.
This means the proposed fees would not automatically begin 60 days after the October 8 announcement.
Before implementation, DHS must complete the applicable rulemaking process, consider public comments, and determine whether to issue a final regulation.
The agency may also revise provisions in response to public feedback.
The current notice establishes November 9, 2026, as the deadline for public comments on the proposed rule.
A separate comment period concerning information collection requirements remains open until December 7, 2026.
Students should monitor official DHS, USCIS, and SEVP communications for updates rather than assume that the proposal has already changed their existing employment authorization requirements.
Can International Students and Universities Challenge the Proposed OPT Fees?
The federal rulemaking process provides an opportunity for students, universities, employers, immigration professionals, and other interested parties to submit comments before DHS finalizes the regulation.
According to the Federal Register notice, comments on the proposed OPT fee rule must be submitted by November 9, 2026.
Interested parties may submit comments through the Federal eRulemaking Portal using DHS Docket Number ICEB 2026 0100.
Comments may address the proposed fee amounts, possible effects on international student enrollment, employment opportunities, institutional finances, and other issues raised by the regulation.
DHS specifically encourages commenters to identify relevant provisions and provide supporting information or data explaining their recommendations.
The proposed regulation may also raise legal questions concerning the agency’s authority, the financial burden imposed on educational institutions, and the treatment of students who relied on existing OPT opportunities when planning their education.
However, participation in the public comment process does not automatically prevent the government from finalizing a regulation.
Any future legal challenge would require an assessment of the final rule, applicable law, and the specific circumstances involved.
What Immigration Options Could International Students Consider if OPT Becomes Too Expensive?
Although the proposed fees could make OPT significantly more difficult to access, international students may still have other potential immigration options.
Certain graduates may qualify for H1B specialty occupation employment if a qualifying employer is willing to sponsor them and all applicable immigration requirements are satisfied.
Other students may be eligible for employment classifications based on extraordinary ability, specialized professional qualifications, or qualifying international business relationships.
Some individuals may also qualify for employment based permanent residency through an employer or through immigrant visa categories that permit qualifying applicants to petition without traditional employer sponsorship.
For example, eligible professionals may consider the EB2 National Interest Waiver when their qualifications and proposed professional work meet the relevant legal standards.
Individuals with extraordinary ability in qualifying fields may also potentially pursue an EB1A immigrant petition.
However, these categories have separate eligibility requirements, and filing an immigrant petition does not itself guarantee permission to remain or work in the United States.
The availability of alternative immigration pathways depends on each individual’s education, professional achievements, employment opportunities, immigration history, and current status.
Students should avoid making major immigration decisions based solely on the possibility that a proposed regulation may eventually take effect.
An experienced immigration attorney can help evaluate available options and identify the legal requirements associated with a potential change in immigration status.
What Should F1 Students Do Now to Prepare for Potential OPT Changes?
International students who may need OPT authorization in the coming months should begin reviewing their immigration plans and important filing deadlines.
Students approaching graduation should confirm their eligibility for postcompletion OPT and discuss their anticipated recommendation timelines with their designated school officials.
Those already participating in OPT should review the expiration dates on their employment authorization documents and determine whether a future STEM OPT extension may be available.
International graduates considering additional academic programs should also evaluate how the proposed fees could affect future practical training eligibility at a higher educational level.
Employers interested in hiring international graduates may want to evaluate their sponsorship options and consider how substantial OPT fees could affect recruitment decisions.
At the same time, universities may need to assess how they would handle payment responsibilities if the proposal becomes a final regulation.
Most importantly, students should continue following current immigration requirements while monitoring developments in the rulemaking process.
The proposed fee announcement does not eliminate existing OPT eligibility or authorize students to disregard application deadlines, employment restrictions, or reporting obligations.
Proactive planning can help students understand their options and respond more effectively if federal immigration regulations change.
What Does the Proposed OPT Fee Rule Mean for the Future of International Students?
The proposed $70,000 initial OPT fee and $30,000 subsequent OPT fee represent a potentially significant shift in federal policy toward international students seeking practical training in the United States.
If implemented, these charges could substantially increase the financial cost of transitioning from academic studies to professional employment.
Universities may face difficult decisions about funding OPT recommendations, while employers could reconsider their approach to hiring international graduates.
Students who expected to gain practical experience after completing American degree programs may need to explore additional employment and immigration strategies.
The proposal also reflects the administration’s broader emphasis on immigration enforcement, program integrity, and employment protections for American workers.
However, the United States continues to maintain immigration classifications that allow qualified foreign nationals to study, work, and pursue permanent residency when they meet the applicable legal requirements.
The possibility of new OPT fees does not necessarily mean that every international graduate must abandon plans to develop a professional career in the United States.
Understanding the distinction between proposed regulations, existing employment authorization, and alternative immigration pathways is essential for making informed decisions.
How Spar & Bernstein Can Help International Students and OPT Applicants
Changes to student visa policies can create uncertainty for international students who have invested years in their education and hope to begin professional careers in the United States.
At The Law Offices of Spar & Bernstein, our experienced immigration attorneys understand the challenges international students face when navigating employment authorization, maintaining lawful immigration status, and evaluating their future options.
Our immigration team assists foreign nationals, students, professionals, and employers with immigration matters involving student visa status, employment authorization, H1B visas, changes of status, and employment based immigration opportunities.
For F1 students concerned about the proposed OPT fees, an immigration attorney can review their current immigration circumstances, evaluate upcoming authorization deadlines, and help identify potential immigration strategies.
Students already participating in OPT may benefit from an individualized review of their eligibility for STEM OPT extensions or alternative employment visa classifications.
Graduates considering long term employment in the United States may also benefit from understanding whether their professional qualifications support an employment based immigrant petition or another immigration pathway.
Because the proposed rule has not yet been finalized, personalized legal guidance can help students distinguish between current obligations and possible future requirements.
Protect Your Immigration Future With Spar & Bernstein
The Trump administration’s proposal to establish a $70,000 initial OPT fee and $30,000 subsequent OPT fee could have far reaching consequences for international students, universities, and employers across the United States.
Although the proposed regulation could create substantial financial obstacles for international graduates seeking practical training, the fees have not yet taken effect.
Students who understand the proposed changes and evaluate their immigration options early may be better prepared to navigate future developments.
Whether you are preparing to apply for OPT, approaching a STEM OPT extension, considering an H1B visa, or exploring potential pathways to permanent residency, The Law Offices of Spar & Bernstein can help you evaluate your circumstances and determine appropriate next steps.
Contact Spar & Bernstein today to schedule an immigration consultation and learn how our attorneys can help you protect your opportunities to study, work, and build a future in the United States.
