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

Status: proposed — not law. On October 8, 2026, DHS proposed new fees for OPT recommendations ($70,000 for a first recommendation, $30,000 for each later one, paid by schools). Nothing has changed yet: current OPT rules and fees still apply. Public comments are open until November 9, 2026. This page explains what is proposed, what is not, and what you can do now.

Last checked: November 1, 2026

What DHS proposed

On October 8, 2026, the Department of Homeland Security (DHS) published a proposed rule, “Optional Practical Training Fees” (Docket No. ICEB-2026-0100), in the Federal Register. It is a notice of proposed rulemaking: a draft that is open for public comment, not a final rule.

Proposed	Detail
First OPT recommendation	$70,000 per F-1 student
Each later recommendation	$30,000, including the STEM OPT extension
Most one student could cost	$100,000 (for example, OPT followed by STEM OPT)
Who pays	The SEVP-certified school, before the DSO can enter the recommendation in SEVIS. DHS acknowledges schools may pass the cost on to F-1 students, all students, or employers.
What it covers	Both pre-completion OPT (during your program) and post-completion OPT. A new recommendation is charged even with the same employer.

DHS says the fee would combat fraud and abuse, strengthen the integrity of the program, and protect U.S. workers. In its analysis, DHS counted 2,478 schools whose F-1 students used OPT (2022–2024) and estimated the fees collected at $8.4 to $16.5 billion a year.

What has NOT changed

Nothing is in effect. This is a proposal. Current OPT and STEM OPT rules and fees still apply, and schools are processing OPT recommendations as usual.
If it becomes final, the rule would take effect 60 days after the final rule is published in the Federal Register, and the fee would apply only to OPT recommendations dated on or after that effective date.
Earlier OPT isn't charged. Students already on OPT or STEM OPT, and students whose OPT is recommended or approved before the effective date, would not be charged for that OPT period. A later request made after the effective date, such as a STEM OPT extension, would count as a new recommendation.
Nothing is decided. When a final rule might come out, and whether the proposed amounts or terms would change, is not known.

The separate CPT change

This is a different matter from the proposed OPT fee. The fee proposal does not cover Curricular Practical Training (CPT) and does not change it.

On August 12 and August 24, 2026, SEVP sent schools broadcast messages (2608-01 and 2608-02) saying CPT should only be authorized for training that is required of all students in the degree program.
The broadcasts are guidance; they did not change the regulation. Until a court rules, schools are applying the stricter reading, and at least one (Bentley University) has changed its programs for Spring 2027.
On October 5, 2026, four higher-education associations sued DHS over the guidance (AAU v. DHS, U.S. District Court for the District of Massachusetts). There has been no ruling yet. The court has scheduled a hearing on the plaintiffs' motion for a preliminary injunction for November 6, 2026.

What this means for your internship search

Internships during school mostly use CPT. What affects you now is how your school applies the August CPT guidance, and that varies by school. The first step is to ask your DSO how your school handles CPT today.
The OPT fee is only a proposal. Even if it is finalized, it would apply only to OPT recommendations dated on or after its effective date, and it mostly matters for OPT after you graduate. If you planned to use pre-completion OPT for an internship, note that the proposal would cover it too, but again only from the effective date of a final rule, which does not exist yet.
Your Summer 2027 plans don't need to change because of the proposal. Keep applying as planned.

What you can do now: comment on the proposal by November 9, 2026; ask your DSO about your school's CPT rules; keep applying.

How to submit a comment

Go to Regulations.gov: the comment page for this proposal, or search for the docket number ICEB-2026-0100.
Choose “Submit a Comment”.
Write in English, and say which part of the proposal you are commenting on.
Before you submit: comments are published. Don't include personal or sensitive information. You can comment anonymously.

Comments on the proposal are due by November 9, 2026. A separate comment period, on the information collection under the Paperwork Reduction Act, runs to December 7, 2026.

FAQ

Do I have to pay more for OPT right now?: No. The fee is only proposed and has not taken effect. Current OPT rules and fees still apply, and schools are processing OPT recommendations as usual.
Would students pay the proposed fee?: Under the proposal, the school pays it, before the DSO can enter the OPT recommendation in SEVIS. DHS acknowledges that schools may pass the cost on to F-1 students, all students, or employers.
Does the proposal affect CPT?: No, the proposed fee rule does not cover CPT. CPT has changed separately: SEVP guidance issued in August 2026 tells schools to approve CPT only for training required of all students in the degree program. Schools apply it differently, so ask your DSO.
Can I comment if I'm not a U.S. citizen?: Yes. Anyone can comment on the proposal; you don't need to be a U.S. citizen or permanent resident, and you can comment anonymously. Comments are public.
When will the proposal be decided?: After the comment period, DHS reviews the comments. There is no date for a final rule, and its content could change. A final rule would take effect 60 days after it is published in the Federal Register.

Sources

Not legal advice. For your own situation, talk to your school's DSO or an immigration attorney.

Last checked: November 1, 2026