United States | DHS proposes new Optional Practical Training (OPT) fees

Today, the Department of Homeland Security announced a proposed rule that would impose significant new fees on schools seeking to recommend F-1 students for Optional Practical Training (OPT). DHS states that the proposal is intended to combat fraud and abuse, strengthen program integrity and protect U.S. workers. The Notice of Proposed Rulemaking (NPRM) is scheduled to be published in the Federal Register on Oct. 8, 2026.

Key takeaways:

Substantial OPT fees would apply to SEVP-certified institutions. Under the proposal, “[t]he following fees would apply for each F-1 nonimmigrant student to engage in OPT through a Student and Exchange Visitor Program-certified [SEVP] institution: $70,000 for initial OPT; and $30,000 for any subsequent OPT.” The fees would be paid by SEVP-certified schools before a designated school official (DSO) can recommend a student for OPT in SEVIS.

Proof of fee payment would be required to apply for work permit. Before the student can file the Form I-765 with U.S. Citizenship and Immigration Services, the proposal would require the DSO to provide the student with OPT fee payment information in addition to the Form I-20 recommending OPT.

Final rule would have delayed effective date. DHS proposes a 60-day delayed effective date following publication of any final rule.

30-day public comment period opens tomorrow. DHS will accept comments on the proposal starting Oct. 8 through Nov. 9, 2026.

Additional information: The NPRM “does not propose the imposition of specific limitations or restrictions on how the schools should collect or source the requisite funds to make the fee payments for each student engaged in OPT, to the extent that the school complies with all other applicable laws. … DHS acknowledges that the schools may pass the financial obligation of this proposed fee onto F-1 nonimmigrant students, all students, or employers.”

The proposed rule is in a preliminary rulemaking stage and is not currently in effect. After the public comment period ends, DHS will be required to review and consider the feedback it receives in formulating a final regulation. BAL is closely monitoring the progress of this regulation and will provide updates on developments.

This alert has been provided by the BAL U.S. Practice Group.

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