What DHS proposed
On October 8, 2026, the Department of Homeland Security published a proposed rule on Optional Practical Training fees. Under it, a school certified by the Student and Exchange Visitor Program would pay $70,000 each time its designated school official recommends an F-1 student for OPT for the first time, whether the OPT is before or after graduation. Any later OPT recommendation for a student who has already had OPT would cost $30,000. That second tier would include the 24-month STEM extension, which also runs through a new school recommendation.
OPT is how most international students work in the US after graduating, and it is the bridge many of them use to an H-1B, an O-1A, or a green card. DHS’s own figures show its scale: 194,554 F-1 students were granted OPT work authorization and reported working for an employer in 2024. DHS describes the fee as a way to combat fraud, strengthen the integrity of the program, and protect US workers.
| The proposal | |
|---|---|
| Status | Proposed rule; not in effect |
| First OPT recommendation | $70,000 per student, any type of OPT |
| Any later OPT, including the STEM extension | $30,000 per student |
| Who pays | The school that recommends the student; refunds if no work permit is issued |
| Who it would apply to | Recommendations dated on or after the final rule’s effective date |
| Comment deadline | November 9, 2026 (Docket ICEB-2026-0100) |
| Earliest effect | 60 days after a final rule is published |
“The fee lands on the school, but the risk lands on the student: OPT starts with a school official’s recommendation, and under this proposal every recommendation would come with a five-figure price.”
What it would mean for students
Because the school pays, the proposal is easy to misread as something students can ignore, though the mechanics point the other way.
The question is whether your school still signs off
Every OPT application starts with a recommendation from a designated school official, and under the proposal each recommendation would trigger the fee. The rule does not say how schools would fund it. DHS’s own regulatory analysis models scenarios in which schools decline to pay for some students and those students do not get OPT, and it estimates the annual cost of the rule at anywhere from $32 million to $8.2 billion, with a primary estimate of $4.1 billion. The wide range reflects exactly that uncertainty about how many recommendations schools would still make.
STEM students would face it twice
A student who uses initial OPT and then the 24-month STEM extension would trigger both fees, $70,000 and then $30,000, for $100,000 in total per student. STEM graduates are the group most likely to use OPT for its full length, so the second tier lands on the students who have relied on the program most.
Students already on OPT
The proposal applies only to recommendations dated on or after the final rule’s effective date, which DHS proposes as 60 days after the final rule is published. A student recommended before that date would not be charged. The exposure for current OPT holders is a later STEM extension recommendation dated after the effective date, so anyone planning one should watch the final text.
This is a proposal, not a rule
Nothing changes yet: comments are open until November 9, 2026, and DHS must review them before publishing a final rule, which can differ from the proposal in amount, structure, or timing. The OPT program sits in the F-1 regulations at 8 CFR 214.2(f), and the proposal would add the new fee alongside them. Large immigration fees have drawn legal challenges this year, and the $100,000 H-1B fee was struck down by more than one court, so a final OPT fee should be expected to face the same scrutiny. It makes sense to plan around the proposal without treating it as settled.
Routes to US work that do not depend on OPT
For a graduate who wants to stay and work, the proposal is a reason to look at options that never needed OPT in the first place. They do not suit every graduate, but for the strongest ones they are often better routes regardless of the fee.
| Route | What it requires | Lottery? | Best fit |
|---|---|---|---|
| O-1A | A record showing extraordinary ability; a US employer or agent petitions | No | Graduates with publications, awards, funding, or a company with traction |
| Cap-exempt H-1B | A job at a university, affiliated nonprofit, or nonprofit or government research organization | No | Researchers and postdocs staying in academia |
| EB-2 NIW or EB-1A | A self-petitioned green card case built on your record | No | A longer-term route, usually paired with a work visa while it is pending |
| Cap-subject H-1B | An employer sponsor and selection in the wage-weighted lottery | Yes | Still available, but OPT is usually what bridges graduates to the October 1 start |
The O-1A is the closest substitute
The O-1A has no lottery and no cap, and approvals have held around 91% for O-category petitions this year, though standard processing has stretched to roughly 14 months and premium processing, at 15 business days, is usually worth it. The F-1 to O-1A pathway covers how graduates build the record, and the O-1A and H-1B comparison covers how the two differ.
A green card filing can start from school
Strong researchers do not have to wait for an employer to begin a green card case. The F-1 to EB-1A pathway and the researcher decision framework cover when a self-petition is realistic, though a pending petition does not by itself authorize work, so it is usually paired with one of the work routes above.
Steps for students and recent graduates
- If you are eligible for OPT soon, keep your timeline: a recommendation dated before any final rule’s effective date would not be charged
- Ask your designated school official how your school is planning for the proposal, especially if you expect to need a STEM extension
- Submit a comment by November 9, 2026 under Docket ICEB-2026-0100 if the change would affect you or your program
- If your record is strong, assess an O-1A or a self-petitioned green card now, so your plan to stay does not depend on OPT