The Department of Homeland Security (DHS) announced on October 7, and published in the Federal Register on October 8, a proposed rule under which a school certified by the Student and Exchange Visitor Program (SEVP) would pay $70,000 per F-1 student before recommending that student for Optional Practical Training (OPT) for the first time, and $30,000 for each later OPT recommendation. The rule is not in effect, and public comments are due November 9. For Irvine families, those affected are students currently in United States colleges on F-1 status and students planning to attend graduate school in the United States and work on OPT after graduation.
Who Is Affected by the Proposed OPT Fee Rule
Students on F-1 status who plan to apply for OPT before or after completing their degree. The main provisions follow.
| Item | Proposal |
|---|---|
| Initial OPT | $70,000 per student, one time, paid by the school before the Designated School Official (DSO) enters the recommendation; applies to pre-completion and post-completion OPT alike |
| Subsequent OPT | $30,000 per recommendation, including the STEM OPT extension |
| Payment and approval | If the school has not paid, the DSO may not enter the recommendation in SEVIS, and U.S. Citizenship and Immigration Services (USCIS) will not grant employment authorization |
| Refunds | A school may request a refund if the student has not received an employment authorization document; no refund once the document is issued |
| Effective date | The final rule would take effect 60 days after publication and apply to OPT recommendations dated on or after that day |
| Comment period | Closes November 9, 2026 (Docket No. ICEB-2026-0100) |
The rule text states that the fee is not tied to any employer; the school decides whether to recommend the student and pay. DHS also asks for comment on an alternative under which the $70,000 fee would apply again each time a student begins OPT at a higher degree level. SEVP data cited in the rule show 194,554 students authorized for OPT in 2024 and 95,384 authorized for the STEM OPT extension.
What to Do Now About the Proposed OPT Fee Rule
Current F-1 students should check the timing. The rule would apply only to DSO recommendations dated on or after the effective date of the final rule, and OPT already approved is unaffected. No date for a final rule has been set, and students can ask their school’s international student office how it intends to proceed.
Graduate applicants should treat OPT as a variable. The rule places the payment obligation on the school, and whether schools will recommend students or pass the cost along is undecided. School selection for graduate study is covered by the EDUBUS Graduate Admissions service; another pending change to F-1 rules is explained in the EDUBUS article Court Pauses F-1 Four-Year Limit Rule; DHS Appeals.
International families applying for undergraduate study should follow the process. The rule must pass through comment and final publication before it takes effect, and the EDUBUS College Admissions Planning service will follow up in future briefs.
Sources
- Federal Register: Optional Practical Training Fees (91 FR 64566, October 8, 2026) (accessed October 8, 2026)
- U.S. Department of Homeland Security: DHS Proposes Fees for Foreign Student Work Program to Protect American Jobs (accessed October 8, 2026)
- Lead: Inside Higher Ed: Trump Proposes $70K Fee for Foreign Student Work Program (accessed October 8, 2026)
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