Proposed F-1 OPT Fee Rule
7 October 2026
The OPT Fee Rule is available for review at
https://public-inspection.federalregister.gov/2026-20660.pdf
Summary
The OPT Fee Rule will be published in the Federal Register, likely on October 8, 2026. The rule allows for a 30 day comment period. Comments may be submitted at
Reference Docket No ICEB-2026-0100
Purpose and Content of the Rule
DHS states the new fees are needed to combat fraud and protect U.S. workers. It says the fees will reduce administrative burdens relating to OPT fraud investigations. “A DSO may not enter the OPT recommendation in SEVIS if the OPT fee has not yet been paid. “ (page 37)
The rule would impose a $70,000 fee on initial OPT applications, whether pre-completion or post-completion, and a $30,000 fee for any subsequent OPT applications. The fees would be applied prospectively, only for students who apply for OPT after the effective date of the rule.
The fee would have to be paid by the school to SEVP before the OPT recommendation is made in SEVIS, and before the F-1 student applies for OPT by filing the I-765 with USCIS.
The fee would apply to all schools, and all students who would be approved for OPT by the DSO, and would be applying for OPT to USCIS. The fee is not tied to any one employer, but to the OPT recommendation itself.
Refunds would be possible if the student does not receive the OPT work card.
Schools may source the fee any way they see fit, including charging the student and or any employer. The rule cautions that the school must comply with all relevant laws: “including reporting foreign gifts and contracts under 20 U.S.C. 1011f” (page 31)
Reference is made to the possible application of the initial $70,000 fee again for a higher degree level (page 38)
DHS refers to the decision-making process regarding when a DSO would decide to recommend OPT. “Additionally, DSOs are not required to recommend F-1 nonimmigrants for OPT and can elect not to pay the fee for a particular F-1 nonimmigrant who is not a strong candidate for OPT or whose participation in OPT could adversely affect the integrity of the program.” (Page 42). Their inference is that by only recommending those students who are “high achieving”, it will ensure that only eligible students are approved for OPT. They do not seem to reference the OPT eligibility criteria under the current regulations. On what grounds would a DSO be able to refuse to approve OPT for a student who had a 3.0, rather than a 4.0? This may likely lead schools to make a determination that they will make a consistent internal policy regarding when they can approve OPT or not, as well as how or if to collect the fee from the student or employer.
Regarding revenue estimates - high and low versions, seem radically unrealistic. “The annual fees collected would range from $8.4 billion to $16.5 billion, with a primary estimate of $12.4 billion;” (page 53) see table 3. Between 194,554 OPT students and 88,374 students = 16.5 billion to 8.4 billion – averages to 12.4 billion. They are assuming the number of OPT applications will remain largely stable. This is a similar rationale used for the proposed H-1B fee revenue.
They also include a thinly veiled threat to future CPT regulations: ““Separately, DHS acknowledges that OPT is not the only practical training program with the potential for significant fraud and national security issues. Fraud and national security threats in CPT have also been historically prevalent and have increased along with the number of students engaging in CPT. DHS will continue to monitor these concerning trends within the CPT program and will take additional actions as necessary” (page 36)
The amount of time they estimate it will take schools and DSOs to implement the required processes is 55 hours (page 55). An additional 1 hour would be need for additional OPT review for each application, and for internal payment approvals and processing.
More information will be coming out, and we anticipate litigation against this rule. Once it is published, please COMMENT. (Docket No, ICEB-2026-0100)
