Jackson LewisยทIMMIGRATION

DHS Proposes $70,000 OPT Fee in Draft Rule Targeting F-1 Employer Pipeline

DHS would charge schools $70,000 for an initial OPT grant and $30,000 per later period, a proposal that could reshape how major employers recruit international graduates and how schools sponsor them.

On Oct. 7, 2026, DHS announced a proposed rule scheduled for Federal Register publication on Oct. 8 that would impose fees of $70,000 for an initial grant of Optional Practical Training (pre- or post-completion) and $30,000 for each subsequent period, including STEM OPT extensions. Under the proposal, payment would fall on the SEVP-certified school, which must pay before a designated school official recommends the student for OPT in SEVIS and before the student files with USCIS; the fee would not be tied to any particular employer. DHS frames the rule as an anti-fraud measure addressing problematic worksites and "pay-to-stay" arrangements.

Comment runs Oct. 8 through Nov. 9, 2026, with a separate 60-day Paperwork Reduction Act period; the rule may be revised before a final version issues, and current OPT rules stay in place until then.

Counsel should care about second-order effects: schools may pass costs to students or employers, or exit OPT participation entirely, shrinking the F-1/STEM talent pipeline just as the H-1B cap process shifts. Worth tracking comment filings, agency revisions, and employer cohort planning for international graduate hiring.

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