DHS Proposes New OPT Fees for F 1 Students
On October 8 2026 DHS published a proposed rule introducing substantial additional fees for participation in OPT
OPT allows eligible F 1 students to undertake employment directly related to their academic studies either before or after completing their degree
Eligible students can generally obtain up to 12 months of OPT at each qualifying educational level Students with eligible science technology engineering and mathematics STEM degrees may also qualify for a further 24 months of employment authorization
Under the proposed rule educational institutions certified under the Student and Exchange Visitor Program SEVP would be required to pay a new fee before a Designated School Official DSO could recommend an eligible student for OPT
DHS states that the proposed fees are intended to address concerns about fraud and misuse of the OPT program strengthen immigration oversight and protect US workers
The proposal would introduce a substantial new financial requirement at the institutional recommendation stage separate from the existing USCIS process for obtaining employment authorization
The rule is being proposed through US Immigration and Customs Enforcement ICE which administers SEVP
DHS is seeking public comments before determining whether to finalize the proposed changes Existing OPT eligibility requirements and application procedures remain in effect
How Would the New OPT Fees Work
The proposal would establish two separate charges depending on whether the student is receiving an initial or subsequent OPT recommendation
| OPT Recommendation | Proposed Fee | Responsible for Payment |
|---|---|---|
| Initial OPT recommendation | $70000 | SEVP certified institution |
| Subsequent OPT recommendation after payment of the initial fee | $30000 | SEVP certified institution |
| STEM OPT extension where the initial $70000 fee has been paid | $30000 | SEVP certified institution |
| First OPT recommendation after implementation including certain existing OPT participants | $70000 | SEVP certified institution |
The initial $70000 charge would apply regardless of whether the student is seeking pre completion or post completion OPT
The $30000 fee would apply to each subsequent OPT recommendation after the initial $70000 fee has been paid whether the recommendation concerns pre completion OPT post completion OPT or a qualifying STEM OPT extension
For example an institution recommending a student for an initial 12 month period of post completion OPT would pay $70000 A subsequent recommendation for a qualifying 24 month STEM extension would require another $30000
For a student receiving initial OPT and a subsequent STEM OPT recommendation after the proposed system takes effect the combined institutional fees would total $100000 provided the initial $70000 charge had been paid
The fees would be linked to the institutions OPT recommendations rather than to a particular employer or employment contract
DHS is also seeking comments on whether a new $70000 initial fee should apply when a student progresses to a higher academic level and subsequently seeks another period of OPT This is an alternative under consideration rather than a requirement established by the current proposal
Who Would Pay the OPT Fees
Under the proposal the educational institution would be legally responsible for payment
The relevant DSO would not be permitted to recommend the student for OPT until the institution had paid the required fee
The proposed charge would not replace the existing USCIS Form I 765 filing fee Students would continue to follow the applicable employment authorization application process and pay any USCIS fees separately
Although the payment obligation would fall on the institution DHS acknowledges that universities could potentially seek to recover the costs from students employers or other parties
The proposal does not establish a general requirement for employers to fund OPT participation
The eventual financial impact on students could therefore depend on how individual institutions respond to the proposed charges including whether they are willing or able to fund OPT recommendations
Would the OPT Fees Be Refundable
The proposed rule would allow institutions to request a refund where the student has not received the relevant OPT employment authorization
Refunds would be considered individually by SEVP and would not be guaranteed The DSO would also be required to remove the students OPT recommendation from the Student and Exchange Visitor Information System SEVIS before requesting a refund
Once the student has received the relevant Employment Authorization Document EAD the fee would not be refundable
Refund decisions would be final and would not be subject to an administrative appeal
When Could the New OPT Fees Take Effect
The proposed fees have not been finalized and there is currently no confirmed implementation date
DHS has proposed that the new requirements would take effect 60 days after publication of a final rule in the Federal Register
The public comment period closes on November 9 2026 Comments concerning the associated information collection requirements will be accepted until December 7 2026
DHS may revise the proposal following consideration of public comments
Would Existing OPT Participants Be Affected
The proposed transitional arrangements could affect students who are already participating in OPT when the new system takes effect
Under the proposal the initial $70000 fee would apply to students receiving an OPT recommendation dated on or after the effective date where the new initial fee had not previously been paid
Consequently a student who obtained initial OPT authorization before implementation but subsequently applies for a STEM extension could trigger the $70000 fee rather than the $30000 subsequent recommendation charge
The lower fee would apply to further recommendations only where the initial $70000 payment had already been made
Existing participation in OPT would not automatically exempt a student from the proposed initial charge when applying for a further period of training
The proposed fees would be linked to new recommendations issued after implementation The proposal does not establish a general retroactive charge for OPT recommendations already issued before the effective date
The transitional provisions are particularly relevant for international graduates whose future employment authorization depends on a STEM extension or another qualifying period of OPT
What Would the Proposed Fees Mean for International Students
The most immediate concern for international students is whether their educational institution would be willing and able to pay the proposed charges
Under the current OPT arrangements eligible students obtain a recommendation from their DSO before applying to USCIS for employment authorization
The proposed rule would introduce a substantial financial condition before that recommendation could be issued
Even where a student satisfies the existing academic and immigration requirements the institution would need to address the new payment obligation before recommending OPT
Students Planning Post Completion OPT
Students intending to work in the United States after graduation could face uncertainty over whether their institution will continue supporting OPT applications
A $70000 charge for an initial recommendation would represent a substantial increase in the institutional cost of facilitating participation
Universities may need to reconsider their funding arrangements establish policies for recovering costs or determine whether they can continue recommending students under the proposed system
The proposed rule does not establish how individual institutions would respond
Students should therefore avoid assuming that they would personally become liable for the full fee although the possibility of costs being passed on cannot be excluded
Students Planning STEM OPT Extensions
The proposal has particular implications for students intending to rely on STEM OPT to extend their period of US employment
Eligible STEM graduates can currently obtain a further 24 months of OPT subject to the applicable degree employer and training requirements
Under the proposed arrangements a qualifying extension would trigger an additional institutional payment
Students who begin OPT after the new fee system takes effect could generate combined charges of $100000 for initial OPT and a subsequent STEM extension
Students already participating in OPT before implementation could face a different calculation because of the transitional provisions
Current F 1 Students
The proposed rule could also affect students who have already committed to US educational programs based partly on the opportunity to gain practical employment experience after graduation
However the proposal does not itself cancel existing F 1 status terminate current OPT authorizations or impose immediate restrictions on students who are already lawfully employed
Until a final rule takes effect students remain subject to the existing OPT eligibility and application requirements
What Would the Proposal Mean for US Employers
OPT is an established recruitment route for employers seeking graduates from US universities particularly in technology engineering research and other specialist fields
The proposed fees could affect the availability of international graduates for employment even though employers would not be directly responsible for paying the charges under the proposed regulations
The primary risk is that universities may become less willing or able to issue OPT recommendations because of the financial commitment involved
For employers recruiting international graduates the availability of OPT work authorization could therefore depend partly on institutional decisions outside the employers control
Graduate Recruitment
Employers recruiting F 1 students should distinguish between candidates who already hold valid OPT employment authorization and those who will need a future recommendation
The proposal would not automatically cancel existing authorization However candidates requiring a new OPT recommendation after implementation could face additional obstacles before obtaining permission to work
For employers making recruitment commitments well in advance uncertainty over the future recommendation process may affect proposed start dates and workforce planning
Retaining Employees Through STEM OPT
Employers currently employing F 1 graduates under post completion OPT may also need to consider the implications for future STEM extensions
An employee approaching the end of an initial OPT period may satisfy the existing STEM eligibility requirements but still depend on their university issuing a further recommendation
Under the proposal the institution would have to pay the applicable charge before making that recommendation
An employers willingness to retain the employee would not on its own resolve the institutional payment requirement
Potential Employer Contributions
The proposed regulations would not make an employer automatically liable for the OPT fee
However universities could seek financial contributions from employers where they are unable to fund recommendations themselves
Employers considering such arrangements would need to establish how payments would be administered whether the institution would accept third party funding and whether the proposed arrangements comply with the final regulations
The OPT proposal is separate from H 1B sponsorship and does not change the existing requirements for obtaining H 1B status
Employers that have traditionally relied on OPT as a period of employment before potential H 1B sponsorship may nevertheless need to reconsider the financial and operational assumptions supporting that recruitment strategy
NNU Immigration Attorney Insight
The proposed fees would introduce a substantial financial barrier before an international student can apply to USCIS for OPT employment authorization The payment obligation would sit with the educational institution not the employer offering the job
The exposure is particularly significant for employers where recruitment and retention plans depend on a university issuing a future OPT or STEM OPT recommendation A candidate may satisfy the immigration requirements and have an employer willing to hire them but the institution could still be unable or unwilling to fund the recommendation
The transitional arrangements also warrant attentionS students already working under OPT would not necessarily be protected from the initial $70000 charge if they later require a STEM extension
Employers should identify existing F 1 employees whose authorization will expire within the next 12 to 24 months and establish when further university recommendations will be required
Accelerating an OPT application is not always an option Students must comply with prescribed filing windows and academic requirements which may prevent them from applying before a potential rule change
The immediate priority is to assess which recruitment and employment arrangements depend on future OPT recommendations rather than assuming that students already enrolled in US universities or participating in OPT will remain unaffected
Need Assistance
NNU Immigration advises international students US employers and educational institutions on F 1 visa requirements OPT employment authorization and immigration changes affecting international graduate recruitment
For advice on how the proposed OPT fees could affect your studies employment authorization or recruitment plans book a fixed fee telephone consultation with one of our US immigration attorneys
