DHS Proposes New Fees for School OPT Recommendations

The Department of Homeland Security (DHS) has proposed new fees for schools that recommend F-1 students for Optional Practical Training (OPT). These proposed fees, which are not yet in effect, would require schools to pay $70,000 for an initial OPT recommendation and $30,000 for a later recommendation. The goal of this proposal is to address concerns about fraud and abuse within the OPT program, encourage stronger oversight by educational institutions, and protect American workers. The public has until November 9, 2026, to submit comments on the proposed rule.

Understanding the Proposed OPT Fees

The proposed changes specifically target the OPT program, which allows eligible F-1 students to gain work experience related to their field of study. This program offers a period of up to 12 months of work authorization, with a potential 24-month extension available for eligible students in science, technology, engineering, and mathematics (STEM) fields. Under the current system, students pay a fee to U.S. Citizenship and Immigration Services (USCIS) when they apply for employment authorization.

The new proposal shifts the financial responsibility to the schools recommending students for OPT. A school’s designated official must recommend a student through the Student and Exchange Visitor Information System (SEVIS) before the student can apply to USCIS for work authorization. The proposed fees would be due before this recommendation is submitted. DHS has indicated that USCIS would not approve work authorization if the school has not paid the required fee.

Fee Structure and Payer Responsibility

The proposed fee structure includes two distinct charges for schools:

• Initial OPT Recommendation: Schools would be required to pay $70,000 before making an initial OPT recommendation for a student.
• Later OPT Recommendation: For subsequent recommendations, including STEM extensions, schools would owe $30,000 after the initial fee has been paid.

It is important to note that these proposed school fees are separate from the existing application fee that students currently pay to USCIS. The current fee for a USCIS employment authorization application is $470 when filed online or $520 when filed on paper. The proposal does not affect Curricular Practical Training (CPT), which is a different type of work authorization integrated into a student’s academic program.

While the legal obligation to pay these fees rests with the schools, the Department of Homeland Security acknowledges that institutions may seek to recover these costs. Schools could potentially pass some or all of the expense on to students, employers, or other funding sources. The proposal does not mandate a specific cost-sharing arrangement.

Effective Date and Impact on Students

The proposed fees would take effect 60 days after the publication of a final rule. This means that recommendations made on or after that date would be subject to the new fee structure. Students who have already been approved for OPT before the effective date, or whose recommendations were issued prior to that date, would be protected and not subject to these new fees.

However, for later OPT requests, the fee provisions would apply if the proposal becomes final. If a student had participated in OPT before but the initial school fee had not been paid, the school would still owe the $70,000 for the first covered recommendation. The $30,000 charge would then apply for subsequent recommendations. DHS is also considering whether to require the initial fee again if a student moves to a higher educational level and seeks a new OPT period, though this is an alternative under consideration and not the baseline proposal.

The uncertainty surrounding these proposed fees could impact students and employers. Students may face questions about whether schools will continue to recommend them for OPT or if they will be expected to contribute to the new fees. Employers who recruit graduates through OPT might also see a smaller pool of candidates or face new cost-sharing arrangements with educational institutions.

Rationale Behind the Proposal

The Department of Homeland Security states that the proposed fees are intended to serve several purposes. These include combating fraud and abuse within the OPT program, promoting more robust oversight by schools, and safeguarding the interests of U.S. workers. A DHS spokesperson indicated that the program was not intended as a pathway for cheap foreign labor or a way for individuals to bypass standard immigration processes. The fees are also intended to ensure that foreign students demonstrate their value to employers and do not create unfair competition for American workers. The revenue generated from these fees would be deposited into the Treasury.

Public Comment Period and Next Steps

The DHS has opened a public comment period for this proposed rule. Individuals, organizations, and educational institutions are encouraged to submit their feedback and concerns. Comments on the proposed rule must be received by November 9, 2026. Additionally, comments related to the information collection aspects of the proposal have a separate deadline of December 7, 2026. All comments should be submitted through the federal e-rulemaking portal, regulations.gov, under Docket No. ICEB-2026-0100.

After reviewing the public comments, DHS may revise the proposed rule. If a final rule is issued, the fee requirements would begin 60 days after its publication. The process is designed to allow for public input before any final decisions are made.

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