Fees for OPT? $70,000 Initial + $30,000 Subsequent β the Proposed Rule, Verified
On October 8, 2026, DHS published "Optional Practical Training Fees" in the Federal Register: a fee of $70,000 per F-1 student for the initial OPT recommendation and $30,000 for each subsequent one, nominally paid by SEVP-certified schools. This is the third fee-and-scrutiny tightening aimed at international students in just over a month, after the H-1B $103,265 fee rule and EO 14431. This page verifies the rule's text, its stated rationale, and what to watch. Last verified 2026-10-09.
The Rule at a Glance
| Item | Content |
|---|---|
| Instrument | Proposed rule (NPRM) "Optional Practical Training Fees", FR 2026-20660, 91 FR 64577, published October 8, 2026 |
| Fees | $70,000 per student for initial OPT (one-time); $30,000 for each subsequent OPT recommendation |
| Payer & timing | Paid by SEVP-certified schools, before a DSO's initial/subsequent recommendation (proposed 8 CFR 214.13(i)) |
| Comment period | Through November 9, 2026 (Docket ICEB-2026-0100, regulations.gov); information-collection comments through December 7 |
| Status | Proposed β until a final rule takes effect, nothing about the current OPT system changes |
The Fee Structure, Line by Line (official text directly read)
The two fees' original wording and boundaries:
| Fee | Key original language | Boundary |
|---|---|---|
| $70,000 initial | "a fee of $70,000 per F-1 nonimmigrant student applicable to SEVP-certified schools that recommend an F-1 nonimmigrant student to engage in OPT for the first time" β one-time | First = the student's first recommendation for any type of OPT (pre- or post-completion) |
| $30,000 subsequent | "$30,000 per F-1 nonimmigrant student applicable to SEVP-certified schools that make any subsequent OPT recommendation for an F-1 nonimmigrant student who has previously participated in OPT" | Any type of subsequent OPT β including a new OPT after moving up a degree level and the STEM OPT extension; DHS explicitly considered and rejected resetting to "initial" on degree changes |
What DHS Says Why (rationale, verbatim)
- Scale: in 2024, 194,554 F-1 students were granted EADs for pre- or post-completion OPT β growth that has "exponentially outpaced" the number of employers DHS can review.
- Enforcement resources: DHS says it cannot conduct enough site visits and investigations; the fee would "focus resources where vulnerabilities are greatest."
- The policy goal, in its plainest sentence: the rule would "effectively eliminate students who engage in OPT as a pathway for low-paid employment or those who are trying to circumvent the H-1B visa cap and fee requirements" β DHS itself connects the OPT fee to the $103,265 H-1B fee rule.
Practical Implications for International Students (if finalized)
Our reading based on the rule's text β not legal advice, every point traceable to official text:
- School behavior is the main transmission channel: at $70,000 per student, schools may tighten OPT recommendations, pass costs on, or set internal gates β watch your international student office's official stance.
- Low-paid roles and the "bridge to H-1B on OPT" strategy take a direct hit β that is the rule's stated goal; if your timeline relies on OPT as a bridge, prepare fallback paths.
- Degree-laddering gets costlier: a new OPT after a bachelor's β master's counts as "subsequent" at $30,000 β multi-degree paths accumulate meaningful totals.
- The current system still stands: before any final rule takes effect, OPT applications carry zero new fees and the process is unchanged β plan under current rules while watching the comment period and the final rule.
What to Watch Next (We Patrol Daily for You)
Three watchpoints: β the comment period closing November 9, 2026 (university coalitions' comments are worth reading); β‘ whether and when DHS issues a final rule (amounts can change); β’ reactions and possible litigation from universities and school associations β as the F-1 fixed-duration rule was blocked by a court injunction (see the F-1 rule guide), fee rules can be sued too.
We patrol the official sources daily (Federal Register, CourtListener, USCIS, NAFSA, gov.uk); when any watchpoint lands, this page is updated and its "last verified" date refreshed.
FAQ
Do I owe money on my OPT application now?
No. This is a proposed rule: the comment period runs through November 9, 2026, and only a final rule could change anything β until one takes effect, the current OPT system is unchanged, with zero new fees, and both the amounts and the structure could change in the final version. We patrol the Federal Register daily and will update this page the moment a final rule appears.
Does the school pay, or do I?
The nominal payer is the SEVP-certified school (paid before a DSO's initial recommendation, under proposed 8 CFR 214.13(i)) β but the cost will inevitably pass through: schools may tighten OPT recommendations, pass fees to students, or decline to endorse low-paid or entrepreneurial OPT. The practical impact on you runs through your school's behavior β worth checking your international student office's stance early.
When does the $30,000 subsequent fee trigger?
After the initial $70,000, each subsequent OPT recommendation for the same student costs $30,000 β covering pre-completion and post-completion OPT; a new OPT after moving up a degree level (e.g., bachelor's then master's) also counts as "subsequent" (DHS considered resetting to "initial" on degree changes and declined); the STEM OPT extension likewise falls under "any type of OPT."
How does this relate to the H-1B $103,265 fee rule?
Two documents of the same tightening strategy. The OPT rule's stated rationale says it would "effectively eliminate" students using OPT as a low-paid employment pathway or "trying to circumvent the H-1B visa cap and fee requirements" β DHS itself draws the line between the OPT fee and the $103,265 H-1B fee. Together with EO 14431 (layoff-history review), they form the international-student fee triple stack; on October 14, 2026 a fourth strike landed: USCIS proposes removing deference for extensions (comments through November 13) β every work-visa renewal would face full re-adjudication. One of the four measures is in effect and three are pending; see our H-1B tightening guide and the "deference removal" verified page.
Official sources (.gov)
- Federal Register Β· Full text of the OPT fee proposed rule (FR 2026-20660, published October 8, 2026, comments through November 9, 2026)
- Regulations.gov Β· Comment docket (ICEB-2026-0100, closes November 9, 2026)
- Study in the States Β· DHS official blog confirmation (October 7, "DHS Publishes Proposed Rule Establishing Fees for OPT")
This page is a summary of public policy information, not legal advice. Immigration rules and their implementation may change; defer to the official texts of the U.S. Department of Homeland Security (DHS), U.S. Immigration and Customs Enforcement (ICE), and the Federal Register. For decisions material to your status planning, consult a licensed immigration attorney.