Proposed OPT Fee Rule
OPT is a longstanding part of the F-1 student category that allows eligible F-1 student visa holders to engage in employment directly related to their major field of study (usually after completion of their degree), including a period of up to an aggregate of one year of standard OPT and, for eligible students, a STEM OPT extension of two additional years.
Under a DHS proposed rule published at 91 FR 64566 (October 8, 2026), a school that recommends the OPT would have to pay the applicable OPT fee prior to recommending OPT on the student’s SEVIS record. The "following fees would apply for each F-1 nonimmigrant student to engage in OPT through a Student and Exchange Visitor Program-certified institution: $70,000 for initial OPT; and $30,000 for any subsequent OPT." Even though it is the obligation of the school to pay the fee and attest to its payment, DHS says in the proposed rule preamble that the school can choose to arrange for the source of the fee, stating, "This proposed fee rule 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, including reporting foreign gifts and contracts under 20 U.S.C. 1011f. DHS acknowledges that the schools may pass the financial obligation of this proposed fee onto F-1 nonimmigrant students, all students, or employers."
When would these fees go into effect if finalized as proposed?
At this time this is a proposed rule, not a final rule. Publication of the proposed rule on October 8, 2026 began the notice-and-comment process under the Administrative Procedure Act. After the comment period closes at the end of the day on November 9, 2026, DHS will first have to review the comments, develop a final rule, and then send the final rule back to OMB/OIRA for review. After that review is completed, DHS could publish a final rule in the Federal Register, which would specify any revisions to the proposal and when the final rule would be scheduled to take effect.
DHS describes this in the proposed rule preamble as follows:
"DHS is proposing that the final rule take effect 60 days after the date of publication of the final rule in the Federal Register (“effective date”), which would allow school officials, F-1 nonimmigrant students, and employers to prepare for changes in this fee rule. See proposed 8 CFR 214.13(i)(3). The OPT fee of $70,000 would start to apply for F-1 nonimmigrant students who will receive a DSO recommendation for any type of OPT that is dated on or after the effective date of the final rule. See proposed 8 CFR 214.13(i)(3). Thereafter, any subsequent DSO recommendations for OPT issued for any F-1 student who has previously participated in OPT, and for which the $70,000 OPT fee has been paid, will be subject to the subsequent OPT fee of $30,000 per alien."
There is a 30-day public comment period ending November 9, 2026 for the proposed rule-related portion of the Federal Register notice.
External Explainers and Comment Guidance:
- Institute for Progress OPT Explainer
- Institute for Progress OPT Comment Guide
- How You Can Effectively Participate in the Regulatory Process Through Public Comment (Regulations.gov)
Publications and Reports Related to OPT Fees:
- Taxes on International Students: Demand and Supply Response for Post-Graduation Foreign Workers on Optional Practical Training by Michael A. Clemens (IZA, September 2026)
- How Global Talent Pathways Shape U.S. STEM Award Achievement (Center for Security and Emerging Technology at Georgetown University, September 2026)
- International Student Survey on OPT and Experiential Learning (Institute for Progress, October 2026)
- "The 2026 US Talent Report: Benchmarking America's STEM Pipeline Amid the Great Talent Competition" (The Hoover Institution, September 2026)
- A $100,000 tax on foreign students means fewer opportunities for American workers (Economic Innovation Group, September 2026)
- DHS Immigration Rule Proposes $100,000 In Practical Training Fees by Stuart Anderson (Forbes, October 2026)
- Immigrant Entrepreneurs and US Billion Dollar Companies by Stuart Anderson (NFAP, June 2026)
- Brain Freeze: How International Student Exclusion Will Shape the STEM Workforce and Economic Growth in the United States (October 2025)
Prior Research on the Benefits of OPT:
- The Impact on US Men and Women in STEM Fields of Increases in International Students by Madeline Zavodny (NFAP, April 2021)
- International Students, STEM OPT, and the US STEM Workforce by Madeline Zavodny (NFAP, March 2019)
- New research: Foreign students in STEM don't hurt American workers (Niskanen Center, August 2023)
- OPT and International Students After Graduation (Niskanen Center, March 2019)
Source: NAFSA: Association of International Educators

