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DHS's $70,000 OPT Fee:
Comment Window Closes 9 November 2026

Not law yet — and the clock is running: This is a proposed rule. Public comments close 9 November 2026. If finalised as drafted, a STEM graduate's school would owe $100,000 for that one student's three years of work authorisation. Browse visa sponsorship agencies →
October 29, 2026·6 min read·Source: DHS / Federal Register

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.

The 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:

AuthorisationProposed feeWhen it is triggered
Initial OPT$70,000The first time a school recommends the student for any type of OPT — pre-completion or post-completion
Subsequent OPT$30,000Each 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:

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.

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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:

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:

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.

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:

Frequently Asked Questions

No. It is a proposed rule published in the Federal Register on 8 October 2026. Nothing has been charged. If finalised, it would take effect 60 days after the final rule is published.
The legal obligation is on the SEVP-certified institution, which must pay before a DSO can enter the OPT recommendation in SEVIS. DHS acknowledges schools may recover the cost from students, employers or cost-sharing arrangements, so who ultimately bears it depends on institutional policy.
$100,000 per student: $70,000 for the initial OPT recommendation plus $30,000 for the 24-month STEM extension. Non-STEM graduates limited to one year of OPT would generate the $70,000 initial fee only.
Comments on the main proposed rule run from 8 October through 9 November 2026 on Regulations.gov, on the docket for Federal Register document 2026-20660. The Paperwork Reduction Act section has a separate 60-day comment period.
Yes. The $70,000 applies to the first OPT recommendation of any type, including pre-completion OPT. If a student does pre-completion OPT and then post-completion OPT, the institution pays $70,000 for the first and $30,000 for the second.
No. It is not tied to a specific employer and does not scale with salary. It is triggered by the school's OPT recommendation for the student, so a graduate earning $60,000 and one earning $160,000 generate the same charge.
Under the proposal, USCIS could not approve OPT authorisation unless the fee had been paid and verified in SEVIS. A refusal is not a delay — it makes the application ineligible.