Proposed Rule Pending Review Regarding Optional Practical Training Fees

27 August 2026

On August 20, U.S. Immigration and Customs Enforcement (ICE), a component of the Department of Homeland Security (DHS), submitted a proposed rule titled "Optional Practical Training Fees" to the Office of Management and Budget's Office of Information and Regulatory Affairs (OIRA) for review. The rule is currently pending review. It is important to emphasize that nothing has changed yet. This remains a proposed rule under internal government review. It has not been published, no comment period has opened, and no fee has taken effect. Current OPT policies and fees remain in place. 

The substance of the proposal is not yet known as the contents of proposed rules remain confidential while under OIRA review and will not be public until the rule is published in the Federal Register.

Recent media reports have suggested that DHS may be considering a fee as high as $100,000 on OPT applications, though DHS has not confirmed any specific figure and has stated that no policy should be considered final until formally announced.

If and when the proposed rule clears OIRA review, it will be published in the Federal Register, opening a public comment period expected to run between 30 to 60 days. DHS would then be required to review all comments received before publishing a final rule with a specific implementation date, a process that typically takes several months at minimum. Any resulting fee would likely face legal challenges.

We will share updates as more information becomes available.