The Department of Homeland Security (DHS) has proposed a $70,000 fee the first time a school recommends an F-1 student for Optional Practical Training (OPT), and $30,000 for each later recommendation, including STEM OPT extensions. Schools would pay the fee, though they could pass the cost on. It’s only a proposal. Comments close November 9, 2026, and nothing changes unless DHS issues a final rule. A Chicago, IL Immigration lawyer can help international students understand how proposed OPT fees could affect their plans, review available immigration options, and prepare for potential changes to the employment authorization process.

Key Takeaways

OPT is not ending, and no new fee applies today.
The fee would be charged to the school, not directly to the student.
Students already on OPT, or already recommended before a final rule takes effect, would not trigger the fee for that period.
A STEM OPT extension filed after the rule takes effect would trigger the $30,000 fee, even if the first OPT came earlier.

If you’re an international student, you’ve probably seen headlines asking if OPT is ending. It isn’t. But this proposal could change how schools handle OPT, and who ends up paying for it. Here’s what’s actually in the rule.

What Is OPT and Why Does It Matter?

Optional Practical Training lets F-1 students work in their field of study. Most students use up to 12 months after graduation. Students in science, technology, engineering and math (STEM) fields can add a 24-month STEM OPT extension.

OPT is also how most international graduates reach the H-1B. They work on OPT, their employer registers them for the H-1B lottery, and they switch status if selected. DHS estimates about 194,000 people were on OPT and 95,000 on STEM OPT in 2024.

What Did DHS Propose?

DHS published the proposed rule in the Federal Register on October 8, 2026. Here’s how the fees would work.

Item	Proposed rule
First OPT recommendation (pre- or post-completion)	$70,000
Each later recommendation, including STEM OPT	$30,000
Changing employers while on OPT	No fee
Who pays DHS	The school (SEVP-certified schools)
Can schools pass the cost on?	Yes, to students, employers or others
When it would start	60 days after a final rule is published
Comment deadline	November 9, 2026

A few mechanics matter:

No fee, no OPT. A school’s Designated School Official couldn’t enter the OPT recommendation until the fee is paid. USCIS couldn’t approve the OPT without it.
The fee follows the recommendation, not the job. Changing employers alone wouldn’t trigger a new fee.
STEM OPT counts as a later recommendation. That means $30,000 per student.

Why Did DHS Propose It?

DHS gave four reasons:

Deterring fraud in the OPT program.
Strengthening oversight of schools and employers.
Covering administrative costs.
Reducing reliance on OPT as a long-term path to employment.

DHS projects the fees would bring in $8.4 billion to $16.5 billion a year. It also acknowledges that some schools may decide not to pay, which could sharply reduce how many students use OPT.

Who Would Pay the Fee?

On paper, the school. In practice, it depends on the school.

A school could:

pay the fee itself,
charge it to the student,
ask the employer to cover it, or
stop recommending OPT for some or all students.

The proposal doesn’t limit any of these choices. Practitioners expect schools to become much more selective about OPT recommendations if the rule is finalized as written.

Does It Affect Students Already on OPT?

Not for their current period. The fee would apply only to recommendations made on or after the rule’s effective date, which would be 60 days after a final rule is published.

That leaves one group exposed: students on regular OPT today who plan to apply for a STEM OPT extension later. If their STEM OPT recommendation comes after the rule takes effect, it would trigger the $30,000 fee.

Two related points:

CPT is not part of this proposal. Curricular Practical Training, which students use during their program, isn’t covered.
The F-1 “duration of status” rule is separate. A federal court blocked that rule on September 14, 2026.

What Does This Mean for Employers?

If your company hires international graduates, plan for three possible effects:

A smaller candidate pool, if schools limit OPT recommendations.
Requests to cover the fee, especially for STEM OPT hires.
More pressure on the H-1B route, which already has a wage-weighted lottery and a proposed $103,265 cap petition fee.

For standout graduates with strong records, routes that don’t depend on OPT or the lottery, like the O-1, may become more important. See who actually qualifies for an O-1.

What Should Students Do Now?

Don’t panic, and don’t change your plans yet. It’s a proposal, not a final rule.
Talk to your school’s international student office. Ask how it plans to respond if the rule is finalized.
Map your timeline. If you’ll need STEM OPT, note when you’d apply compared to a possible effective date.
Comment if you want to be heard. Go to regulations.gov and search docket ICEB-2026-0100 before November 9, 2026.

Our advice: the students who will have the most options are the ones planning two steps ahead, from OPT to H-1B to a green card, instead of one.

Frequently Asked Questions

Is OPT ending?

No. DHS has proposed new fees for OPT, not an end to the program. Nothing changes unless a final rule is published.

How much is the proposed OPT fee?

$70,000 for a student’s first OPT recommendation and $30,000 for each later one, including STEM OPT extensions.

Do students pay the $70,000 OPT fee?

The school pays DHS. But the proposal lets schools pass the cost to students, employers or others.

Does the OPT fee apply to STEM OPT?

Yes. A STEM OPT extension counts as a later recommendation, so it would carry the $30,000 fee if made after the rule takes effect.

Will students already on OPT have to pay?

Not for their current OPT period. The fee would apply only to recommendations made on or after the effective date.

When is the OPT fee comment deadline?

November 9, 2026. Comments on the paperwork part of the rule are open until December 7, 2026.

Does the OPT fee apply to CPT?

No. Curricular Practical Training is not part of this proposal.

Planning Your Path From Student to Green Card?

OPT is only the first step. Dworsky Law Firm in Northbrook helps international students and graduates in the Chicago area and nationwide plan the whole route, from OPT to H-1B, O-1 and green card options.

Book a free 15-minute consultation to map out your next steps.

Sources

This article is general information, not legal advice. Immigration rules change often. Talk to an attorney about your situation.

The Proposed $70,000 OPT Fee: What F-1 Students and Employers Need to Know