The Department of Homeland Security announced a proposed rule that would impose a $70,000 fee for F-1 students seeking to participate in the OPT program and $30,000 for each subsequent OPT authorization including STEM OPT extensions. Schools will have to pay this fee, not the international students. The proposed rule is scheduled for publication in the Federal Register on October 8, 2026, and DHS will accept public comments for 30 days.“Optional Practical Training was never meant to be a back door into the American workforce, a subsidy for cheap labor, or a prize for those who game the system,” said a DHS Spokesperson. “DHS is upskilling OPT to require foreign students to justify their worth to employers. American workers should not have to compete against a program that has been turned into a pipeline for cheap foreign labor.”
What does new DHS proposal say?
Existing federal regulations allow eligible F-1 nonimmigrant students to engage in OPT if the OPT is directly related to the student’s major area of study. To participate, F-1 nonimmigrant students must receive a recommendation from their designated school official (DSO) and apply for employment authorization with U.S. Citizenship and Immigration Services (USCIS), the proposal said.F-1 students may apply for OPT during their academic program (pre-completion OPT) or after completing their program (post-completion OPT). Eligible F-1 nonimmigrant students may receive up to 12 months of OPT at each education level. Those who earn degrees in science, technology, engineering, or mathematics fields may be eligible for an additional 24-month extension.DHS said the proposed rule is in response to fraud and abuse identified by the Student and Exchange Visitor Program (SEVP). As more F-1 nonimmigrant students have participated in OPT, SEVP has encountered schools, designated school officials, employers, and F-1 nonimmigrant students engaged in schemes to exploit current regulations, including problematic worksites and “pay-to-stay” visa schemes.DHS believes the proposed fees would encourage schools to exercise greater oversight and selectivity when recommending F-1 nonimmigrant students for OPT, helping reduce fraud and strengthen program integrity, it said.
Who will pay?
DHS clarified that under the proposed rule, SEVP-certified schools must pay the fee before designated school officials recommend F-1 nonimmigrant students for OPT in the Student and Exchange Visitor Information System (SEVIS) and before F-1 nonimmigrant students apply for employment authorization with USCIS. USCIS would not grant employment authorization to F-1 nonimmigrant students if schools have not paid the required fee.The proposed fee would not be tied to a specific employer. Instead, it would apply when schools recommend an F-1 nonimmigrant student for any type of OPT. Collected fees would be deposited in the Treasury of the United States.
