Ogletree Deakins·IMMIGRATION

DHS Proposes $70,000 OPT Fee per F-1 Student Recommendation

DHS would charge SEVP-certified schools $70,000 for a student's first OPT recommendation and $30,000 for each later one, including STEM OPT extensions, with comments due November 9, 2026.

On October 8, 2026, DHS proposed requiring SEVP-certified schools to pay $70,000 for a student's first OPT recommendation and $30,000 for each subsequent one, including a STEM OPT extension — up to $100,000 per student. The school must pay before the DSO can enter the recommendation in SEVIS or issue an updated Form I-20, and USCIS would not authorize employment until then. DHS says schools may pass costs to students or employers, a step likely shaped by state consumer protection rules, foreign gift reporting and enrollment agreements; refunds are discretionary and non-appealable. DHS estimates $8.4-16.5 billion annually and concedes fees could shrink participation.

Universities face budget, tuition and enrollment-agreement exposure, and STEM-sector employers face recruiting-pipeline disruption and possible pass-through costs. DHS also seeks comment on re-applying the initial fee at higher degree levels. Counsel should model pass-through risk, review disclosures, and watch whether universities pause new F-1 recruitment.

Comments close November 9, 2026; information collection comments December 7, 2026; any final rule would take effect 60 days after publication. DHS's separate fixed-period-of-admission rule was preliminarily enjoined nationwide on September 14, 2026 and remains blocked on appeal, so litigation may shape the outcome. No fee is currently in effect.

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Read the original firm alert → Friday, October 9, 2026

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