DHS Proposes $70,000 Fee for OPT Work Authorization

Client Portal

Facebook

Twitter

DHS Proposes $70,000 Fee for OPT Work Authorization

October 8, 2026

On October 8, 2026, the Department of Homeland Security proposed a new $70,000 fee for Optional Practical Training, the popular post-graduation work authorization program for international students. If finalized, this fee – still only a proposal – would make it much harder for international students to remain in the United States after graduating from U.S. institutions.

What is Optional Practical Training (OPT)?

International students who are admitted to U.S. colleges and universities typically enter the U.S. on an F-1 Student Visa, and remain in F-1 status for the duration of their academic program. The Optional Practical Training program allows F-1 students to work in the U.S. in a job directly related to their field of study for up to 12 months after graduation. Students with degrees in science, technology, engineering, or math (STEM) may extend their post-graduation OPT for an additional 24 months if their employer is E-Verified.

While there are restrictions on OPT employment (i.e. that the employment be related to the field of study), OPT is much more flexible than H-1B employment (which is tied to a specific employer, position, and worksite), making it an ideal option for post-graduate job seekers – especially right after graduation. OPT has therefore acted as a bridge, allowing international graduates to find employment in their field of study, and possibly even change jobs a few times early in their careers, while they search for a long-term employment opportunity that could result in H-1B sponsorship, and eventually green card sponsorship.

Proposed Fee Increase

Currently, other than the Application for Employment Authorization (Form I-765) filing fee of approximately $500, which is typically paid by the student, no additional fees are required. DHS is proposing a $70,000 fee per each F-1 student for the first OPT application, and $30,000 fees for each extension, paid by the student’s college or university (though DHS would permit schools to pass the cost along to either the student or the employer). Such a dramatic fee increase would almost certainly see use of OPT – which sees roughly 300,000 student participants per year – drop to near-zero.

Supposed Rationale

DHS claims that the fee will fight fraud in the OPT program, while also curtailing use of the OPT program to avoid the H-1B lottery and associated fees, clarifying that “the fee amount is designed to closely align with the H-1B fees to reduce students and employers from using OPT to circumvent the H-1B visa program fees.”

Who Is Affected

This would impact any students seeking recommendation for OPT after the rule goes into effect. Students who already have OPT, or who were already recommended for it before the rule’s effective date, would not have to pay the fee – but only for that specific period of OPT. Any OPT extensions would incur a fee, even if the original OPT recommendation came prior to the rule taking effect.

The Threat to End Optional Practical Training

While the fee could effectively end the OPT program as we know it (by dropping use to near-zero), DHS has a further warning: if the fee does not go into effect, they may formally shut the program down anyway. From the proposed rule:

“DHS notes that without the fees proposed in this rule, it cannot operate OPT consistent with its focus on preventing fraud and may shut down the program entirely.”

Either way, the Trump administration seems determined to dramatically curtail the use of OPT by international students.

Looking Ahead

This is a proposed rule, not a final one, so nothing changes for students or employers today. DHS is accepting public comments online through regulations.gov through November 9, 2026. Any final rule would take effect 60 days after it is published, and the fee would apply only to OPT recommendations made after that date.

Simon, Choi & Tuohy is monitoring this proposal closely. If you are an F-1 student planning to use OPT, or an employer that hires international graduates, please contact our office to discuss how these changes could affect you.

Relevant Posts From SCT:

H-1B News: $100,000 Fee Extended for Another Year… (Sept 21)
Federal Court Blocks DHS Rule Ending “Duration of Status”… (Sept 14)
New Rules for F and J Nonimmigrants… (Sept 10)
DHS Proposes a $103,265 Fee on Cap-Subject H-1B Petitions (Aug 25)

External Sources & Other Reading:

TAGS: DHS, OPT, Proposed Rule