DHS Proposes $70,000 And $30,000 Fees For F-1 Optional Practical Training

On October 8, 2026, DHS is scheduled to publish a proposed rule (Docket No. ICEB-2026-0100) requiring SEVP-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. DSOs may not enter an OPT recommendation in SEVIS until the fee is paid by the university, and USCIS may not grant an OPT EAD without payment.
• Effective date. Proposed 60 days after a final rule. Students on approved OPT or recommended before that date are grandfathered, but any later OPT request would be subject to the fee.
• Scope. DHS estimates 2,478 affected schools and $8.4 to $16.5 billion in annual fees.

DHS cites fraud and worker-protection concerns and relies on its INA 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 https://www.regulations.gov by 11:59 p.m. ET 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 LLP will continue to monitor this rulemaking. Please contact your Duane Morris attorney with questions.