OPT fee proposal published: $70,000 for initial OPT, $30,000 for each later period, paid by schools
DHS published its OPT fee proposal in the Federal Register on Oct. 8. Schools would pay $70,000 for each student’s initial OPT and $30,000 for each later OPT period, including the STEM OPT extension, and could pass the cost on to students or employers. Comments are due Nov. 9; until a final rule takes effect, OPT works as before.
Key points
- Amount: $70,000 for initial OPT and $30,000 for each later period; the Federal Register text says this includes the STEM OPT extension. The $100,000 figure reported earlier was wrong.
- Who pays: the school pays before its designated school official (DSO) can recommend OPT in SEVIS, and the rule lets schools pass the cost to students or employers.
- Timing: a 30-day comment period ends Nov. 9; a final rule would take effect 60 days after publication. OPT recommended or approved before then is not charged for that period.
- Scale: DHS estimates about 2,478 schools would be affected and $8.4 billion to $16.5 billion would be collected a year (primary estimate $12.4 billion); about 195,000 OPT and 95,000 STEM OPT periods started in 2024.
- Congress: H.R. 2315, which would end OPT, was introduced in March 2025 and has not moved beyond the House Judiciary Committee.
What the proposal says
On Oct. 8, DHS published “Optional Practical Training Fees” in the Federal Register (91 FR 64566, docket ICEB-2026-0100), administered by the Student and Exchange Visitor Program (SEVP) at Immigration and Customs Enforcement. Under the proposal:
- A school would pay $70,000 before a student’s first OPT;
- For each later OPT period — pre-completion, post-completion or the STEM OPT extension — the school would pay $30,000;
- Only after payment could the designated school official (DSO) recommend OPT in SEVIS; without it there is no recommendation and USCIS will not approve the work permit;
- Nothing in the rule bars schools from passing the cost on to students or employers.
Earlier media reports put the fee at $100,000; the published text shows that figure was wrong.
When it could take effect
The 30-day comment period ends Nov. 9 at 11:59 p.m. Eastern, with comments filed at regulations.gov. After DHS responds to comments and publishes a final rule, the fees would start 60 days later. OPT recommended or approved before then is not charged for that period. University groups broadly oppose the plan, and several schools and news outlets expect lawsuits once the rule is final; no one can sue before then.
How big OPT is
Up 21%; IIE’s fall 2025 snapshot shows another 14% increase.
Source: IIE, Open Doors. Chart by Hibee.
| Item | Value |
|---|---|
| 2023/24 | 242,782 |
| 2024/25 | 294,253 |
According to IIE’s Open Doors report, 294,253 international students participated in OPT in 2024/25, up 21% from 242,782 a year earlier; about 62,000 were from China. In the proposal, DHS estimates 2,478 schools recommended OPT from 2022 to 2024 and that about 195,000 OPT and 95,000 STEM OPT periods began in 2024. It projects $8.4 billion to $16.5 billion a year in fees and acknowledges participation may fall. The OPT application itself (Form I-765) still costs $470 online or $520 on paper; the proposal does not change it.
OPT is the main bridge from a U.S. degree to an H-1B. If an OPT fee and the proposed $103,265 H-1B fee both take effect, the cost of moving from graduation to a work visa would rise sharply.
In Congress
H.R. 2315, the Fairness for High-Skilled Americans Act of 2025, would end OPT and any successor program unless Congress expressly authorizes it. Rep. Paul Gosar introduced it on March 25, 2025; it was referred to the House Judiciary Committee and has seen no further action.
What it means for you
- This is still a proposal; OPT eligibility, duration and the I-765 fee are unchanged, so file as planned.
- Graduating soon: ask your school to recommend OPT early. OPT recommended or approved before a final rule takes effect is not charged.
- Ask your school what it plans to do — whether it will pay, whether it will pass the cost on to students, and how it will handle STEM OPT extensions.
- Students, schools and employers can comment at regulations.gov until Nov. 9.
Timeline
- H.R. 2315 introduced and referred to the House Judiciary Committee
- OPT fee proposal sent to OMB for review
- $103,265 H-1B fee proposal published (a separate rule)
- OIRA completes review of the OPT fee proposal
- Proposal published in the Federal Register
- Comment period closes
Sources
Wondering what this means for your case?
Hibee’s team can assess it against your status, timeline and employer.
This article reflects public information as of Oct. 15, 2026. It is for general information only and is not legal advice. Hibee is not a law firm; for your specific case, rely on the latest official guidance and a licensed attorney.
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