The $70,000 OPT Fee Proposal: What F-1 Students and Schools Should Check Now

Has the Department of Homeland Security (DHS) raised Optional Practical Training (OPT) fees to $70,000 for foreign students? The October 8 notice is a proposal, not an effective fee rule or a current $70,000 student invoice. On October 8, 2026, DHS published a Notice of Proposed Rulemaking (NPRM) in the Federal Register proposing new fees paid by Student and Exchange Visitor Program (SEVP) certified institutions before a Designated School Official (DSO) recommends a student for OPT. Because this is a notice of proposed rulemaking, the notice itself does not put the proposed fees into force. Students still need to follow the applicable OPT process and check current USCIS instructions for their actual filing.

Understanding the Proposed OPT Fee Rules

The Department of Homeland Security issued its proposed rule under Docket No. ICEB-2026-0100, published at 91 FR 64566 (Oct. 8, 2026). The proposal introduces structural changes to how SEVP-certified educational institutions handle OPT recommendations in the Student and Exchange Visitor Information System (SEVIS):

• Initial OPT Fee ($70,000): Proposed one-time fee assessed against an SEVP-certified institution the first time an F-1 student is recommended for any type of OPT (whether pre-completion or post-completion).
• Subsequent OPT Fee ($30,000): Proposed fee assessed against the institution for any subsequent OPT recommendation for a student for whom the initial $70,000 OPT fee has already been paid (such as a transition from pre-completion to post-completion OPT, or a 24-month STEM OPT extension).
• Payment Sequence: The proposed regulatory text in 8 CFR 214.2(f)(11)(ii) requires the school to pay the applicable fee before the DSO enters the recommendation; the DSO would confirm the payment in SEVIS and provide a signed Form I-20 containing the recommendation and payment information. Optional Practical Training Fees, 91 Fed. Reg. 64,566, 64,577, 64,599–600 (proposed Oct. 8, 2026). U.S. Citizenship and Immigration Services (USCIS) would be barred from approving Form I-765 employment authorization if the school fails to pay the fee.
• Institutional Scope: The fee obligation is imposed on the SEVP-certified school rather than a direct USCIS Form I-765 applicant invoice, though the proposal acknowledges schools may choose how to budget or allocate these costs consistent with applicable federal and state laws.

Key Comment Deadlines and Implementation Timeline

Because this proposal is not a final rule, this notice does not replace the current OPT application process or establish the proposed fees as present USCIS filing charges. Stakeholders should note two distinct administrative comment periods outlined in the Federal Register notice:

• General NPRM Public Comment Deadline: November 9, 2026 (11:59 p.m. ET). Members of the public, academic institutions, and employers may submit legal, economic, or practical comments through the Federal eRulemaking Portal.
• Paperwork Reduction Act (PRA) Comment Deadline: December 7, 2026. This separate 60-day window applies exclusively to information collection and recordkeeping burdens under the information collection identified in the notice. It is not the general rulemaking deadline.
• Proposed Effective Date: DHS proposes that any finalized rule take effect 60 days after publication of the Final Rule in the Federal Register. The proposed fees would apply prospectively to DSO recommendations dated on or after that effective date.

Realistic Student and Institutional Scenarios

To evaluate how the proposed framework would operate if finalized without alteration, consider the following explicitly labeled hypothetical situations:

Hypothetical Scenario A: Pre-Completion vs. Post-Completion Planning. An F-1 undergraduate student seeks 3 months of part-time pre-completion OPT during summer break, followed by post-completion OPT after graduation. Under proposed 8 CFR 214.13(i), the initial pre-completion recommendation would trigger a $70,000 fee for the school. The subsequent post-completion recommendation would trigger a $30,000 fee, resulting in $100,000 in total proposed fee obligations. This illustration assumes both recommendations fall within the proposed fee framework and the school has paid the initial fee. It is not advice to forgo training, change study plans, or assume a future rule will be finalized unchanged.

Hypothetical Scenario B: STEM OPT Extension Timing. An F-1 graduate currently working on approved post-completion OPT plans to apply for a 24-month STEM OPT extension. If the DSO issued the initial OPT recommendation before the final rule's effective date, no retroactive initial fee is proposed for that past recommendation. A later STEM recommendation could be different. Under the proposed transition, recommendations dated on or after the final rule’s effective date would trigger the $70,000 initial fee where that fee had not previously been paid. The $30,000 subsequent fee would apply only after the initial fee had been paid for the student. Previously participating in OPT does not by itself mean the lower fee applies. These are proposed transition terms, not a guarantee about a future final rule. 91 Fed. Reg. at 64,577–79.

Actionable Evidence Checklist for Students and DSOs

F-1 students and institutional representatives should maintain clear administrative records to verify current compliance and establish exact timeline markers:

• Form I-20 History: Preserve signed copies of all Form I-20s, paying specific attention to the date the DSO entered the OPT recommendation in SEVIS.
• SEVIS Status Verification: Confirm that current SEVIS records accurately reflect academic program end dates, authorized practical training segments, and active enrollment status.
• USCIS Adjudication Records: Keep receipt notices (Form I-797C), approval notices, and Employment Authorization Documents (EADs) for all prior pre-completion, post-completion, and STEM OPT periods.
• Official Notice Tracking: Monitor announcements on official agency pages, including the DHS Newsroom Press Release and the USCIS OPT Information Page.

Critical Warnings: What Not to Do

Uncertainty regarding proposed rulemakings can lead to costly procedural errors. Students and advisors should avoid the following actions:

• Do not abandon lawful F-1 course loads or required academic milestones based on proposed fee notices.
• Do not engage in unauthorized off-campus employment. For initial pre- or post-completion OPT, USCIS says you may not begin until the application is approved and you receive the EAD. Other work categories and extension rules have their own requirements; the proposal does not grant work authorization.
• Do not submit premature Form I-765 applications to USCIS before the DSO enters a formal recommendation in SEVIS. Check the applicable USCIS filing window and DSO recommendation requirements for the kind of OPT you are seeking; the proposed comment period does not extend them.
• Do not assume grandfathering or fee exemption guarantees exist outside the explicit terms of a final promulgated rule.

Legal Questions Counsel Resolves

Case-specific review can distinguish current application requirements from proposed changes and examine a student’s recommendation, program, and authorization dates. For related legal analysis regarding administrative procedures and immigration compliance, visit our Immigration Law Practice Hub.