The size of the fees, and their deposit into the general treasury, are likely to draw legal challenge if finalized.
On October 8, 2026, the Department of Homeland Security (DHS) published a proposed rule (Docket No. ICEB-2026-0100) requiring Student and Exchange Visitor Program-certified schools to pay a $70,000 fee before a student's first optional practical training (OPT) recommendation and a $30,000 fee for each subsequent recommendation, including the STEM OPT extension. Comments are due 30 days after publication.
Key Provisions
- Fee structure: The $70,000 fee applies once per student, to the first OPT of any type; $30,000 applies to each later OPT.
- No fee, no EAD: Designated school officials may not enter an OPT recommendation in SEVIS until the fee is paid by the university, and U.S. Citizenship and Immigration Services may not grant an OPT employment authorization document without payment.
- Effective date: Implementation is proposed to begin 60 days after a final rule is adopted. Students on approved OPT or recommended before that date are grandfathered in, but any later OPT request would be subject to the fee.
- Scope: DHS estimates 2,478 affected schools and $8.4 billion to $16.5 billion in annual fees.
DHS cites fraud and worker-protection concerns and relies on its Immigration and Nationality Act 214(a) authority. The size of the fees, and their deposit into the general treasury, are likely to draw legal challenge if finalized.
Recommended Action for Employers, Universities and Students
Plan to Submit a Comment Within the 30-day Comment Period
Employers, universities and students affected by the proposed fees should submit comments explaining the rule’s impact on their operations, budgets or careers, supported by specific data where possible. Comments must reference Docket No. ICEB-2026-0100 and be submitted through regulations.gov by 11:59 p.m. Eastern on November 7, 2026, which is the last day of the comment period; comments sent by email or letter will not be considered. Submitted comments, including personal information, will be made public.
Duane Morris will continue to monitor this rulemaking.
For More Information
If you have any questions about this Alert, please contact Ted J. Chiappari, Denyse Sabagh, Lauren Aucoin, any of the attorneys in our Immigration Law Group or the attorney in the firm with whom you are regularly in contact.
Disclaimer: This Alert has been prepared and published for informational purposes only and is not offered, nor should be construed, as legal advice. For more information, please see the firm's full disclaimer.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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