DHS's $70,000 OPT Fee:
Comment Window Closes 9 November 2026
The Department of Homeland Security has proposed charging $70,000 for a student's first period of Optional Practical Training and $30,000 for every subsequent authorisation — including the STEM extension. The legal obligation sits on the university, not the student. The rule was published on 8 October 2026 and the public comment period runs to 9 November 2026. Here is exactly what it says, what it would cost, and how to be on the record before it closes.
Contents
1. The Fees, Exactly 2. Who Actually Pays 3. The SEVIS Gate 4. What It Means for STEM Graduates 5. It Is Proposed, Not Final 6. How to Comment Before 9 November 7. If It Happens: Alternatives 8. Frequently Asked QuestionsThe Fees, Exactly
DHS published the proposed rule "Optional Practical Training Fees" in the Federal Register on 8 October 2026 (document 2026-20660). Two amounts are proposed, per F-1 nonimmigrant student:
| Authorisation | Proposed fee | When it is triggered |
|---|---|---|
| Initial OPT | $70,000 | The first time a school recommends the student for any type of OPT — pre-completion or post-completion |
| Subsequent OPT | $30,000 | Each later authorisation for the same student — including the 24-month STEM extension, or post-completion OPT following pre-completion OPT |
Both amounts apply per student, not per employer and not per year. The fee is not tied to a specific job or company — it is triggered by the school's recommendation in SEVIS, which is why it applies even if the student never takes up a particular role.
Who Actually Pays
This is the detail most discussion gets wrong. The legal payment obligation is placed on the SEVP-certified institution — the university or college — not on the student directly.
But DHS also acknowledges, in the rule itself, that schools may recover the cost from students, from employers, from other funding sources, or through cost-sharing arrangements. So "the university pays" describes the legal mechanism, not necessarily who ends up out of pocket.
For a student, that distinction matters in a practical way: your exposure depends on your institution's policy, which does not exist yet because the rule is not final.
The SEVIS Gate
The proposal does not just add a fee — it inserts a payment checkpoint into the OPT process. Under the draft:
- Before a Designated School Official could enter an OPT recommendation in SEVIS, the institution would first have to pay the required fee.
- The DSO would have to verify fee payment in SEVIS.
- USCIS would be prohibited from approving OPT authorisation unless the fee had been paid.
That is a hard gate, not a billing formality. A university that declines to pay does not create a delay — it creates an ineligible application.
Planning Beyond OPT?
If the student-to-work transition gets more expensive, the employer-sponsored route becomes the alternative. Browse agencies placing candidates with licensed sponsors.
Browse the Directory →What It Means for STEM Graduates
The arithmetic is the story. A STEM graduate typically uses 12 months of post-completion OPT plus a 24-month STEM extension. Under the proposal that is:
- $70,000 for the initial OPT recommendation, plus
- $30,000 for the STEM extension,
- which totals $100,000 per student for three years of post-study work authorisation.
For a non-STEM graduate limited to one year of OPT, the figure is $70,000. DHS itself reasons in the rule that institutions with STEM-eligible students may be more willing to pay both fees than institutions whose students only qualify for a single year — which is a roundabout way of saying the proposal may hit non-STEM programmes hardest, because those schools get less for the same outlay.
The fee is also not tied to salary. A graduate earning $60,000 and one earning $160,000 generate the identical charge, which is unusual for an employment-based immigration fee.
It Is Proposed, Not Final
Be precise about status, because a lot of coverage is not:
- Proposed rule — published for comment. It is not in force.
- If finalised, the rule would take effect 60 days after publication of the final rule.
- Timing of application — under the proposal, any OPT recommendation issued on or after the effective date would require the $70,000 fee, and subsequent recommendations the $30,000 fee. So the operative date is the recommendation, not the student's graduation.
- A separate comment period applies to the Paperwork Reduction Act section of the rule — 60 days — which is a different clock from the main comment window.
Nothing has been charged. Anyone telling you the $70,000 OPT fee "starts now" is wrong.
How to Comment Before 9 November
DHS states it will accept public comments on the proposed rule from 8 October through 9 November 2026. If you are a student, a university international office, or an employer who hires OPT graduates, this is the window in which your objection becomes part of the administrative record.
- Where — Regulations.gov, on the docket for Federal Register document 2026-20660 ("Optional Practical Training Fees").
- What actually helps — specific, factual, and about consequences. Comments that carry weight describe a concrete effect: how many students your programme places annually, what happens to a specific research pipeline, what the cost does to a department's ability to hire. Comments that only express anger are counted but not persuasive.
- What not to do — do not attach personal immigration documents, passport scans or SEVIS records to a public docket. Comments are public.
If It Happens: Alternatives
If the rule is finalised in something like this form, the practical alternatives for graduates are the same routes that already exist — they simply become relatively more attractive:
- Employer sponsorship direct from F-1 — some employers file H-1B without using OPT in between. Our H-1B 2027 lottery guide covers the current selection mechanics.
- Cap-exempt employers — universities, non-profit research institutions and affiliated hospitals can petition outside the H-1B cap, which removes the lottery from the equation.
- A different country — Canada, the UK and New Zealand all run post-study work routes that do not carry a five-figure institutional fee. See the best countries for visa sponsorship comparison.
- Direct sponsorship abroad — software developer visa sponsorship and the agency directory cover employers who sponsor without a student stage.