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DHS's Proposed $70,000 OPT Fee: What F-1 Students Should Ask Their University's International Office

Is the $70,000 OPT Fee in Effect Right Now?

No. The $70,000 figure comes from a proposed rule, not from a fee schedule anyone is paying today.

The Department of Homeland Security announced the draft rule on October 7, 2026. DHS describes it as a proposed rule that, if finalized, would create new fees for F-1 nonimmigrant students seeking to participate in Optional Practical Training. Nothing in that announcement makes a payment due while the proposal is pending.

What is pending is a comment process. DHS says it will accept public comments from October 8 through November 9, review the comments it receives, and may revise the rule based on that feedback. A fee would not take effect until DHS publishes a final regulation with a specific implementation date.

For students, the practical takeaway is short: there is no fee to pay now, and the useful question is what your school would do if the rule is finalized.

What the Draft Says About Who Must Pay

The draft rule designates schools as the fee payers. In DHS's own description, SEVP-certified schools must pay the fee before designated school officials recommend an F-1 student for OPT in the Student and Exchange Visitor Information System (SEVIS), and before the student applies for employment authorization with USCIS.

Three details in that design matter:

“Legally designated payer” and “who actually pays” are different questions, though. Universities are unlikely to cover fees of that size, so the ChosunBiz report says observers expect international students or the companies that want to hire them to bear the expense. The same report, citing The Associated Press, notes that the proposal could hurt U.S. universities relying on tuition from international students and the companies that hire those graduates into technical roles.

So the answer a student should listen for from an international office is not only who the rule names, but whether this school would pay and what it would do if it would not.

The Two Amounts: $70,000 and $30,000

The proposal separates the fee into two tiers:

Those are the figures in the released draft. Before publication, immigration-law commentary flagged media reports of a possible $100,000 OPT fee, while noting that the contents of the proposal would stay confidential until it appeared in the Federal Register. The proposal that actually appeared sets the $70,000 and $30,000 tiers. Anyone repeating the higher number is working from pre-publication speculation rather than the draft text.

Does the Proposal Reach STEM OPT Extensions?

DHS says the fee would apply when schools recommend a student for any type of OPT, with $30,000 charged for any subsequent OPT. STEM OPT is not a separate program in this context; it is an extension of post-completion OPT, and eligible F-1 students with qualifying STEM degrees may apply for a 24-month extension. Post-completion OPT itself is available for up to 12 months for eligible students, and any pre-completion OPT period is deducted from that total.

Read together, the department's wording points to a STEM OPT extension being treated as a subsequent OPT application rather than an initial one. That is a reading of the proposed text, not a final determination. DHS must still review comments and publish a final rule before any of it applies.

If a School Does Not Pay, the Student's Work Authorization Is Not Granted

DHS states that if a school does not pay the fee, USCIS will not authorize employment for the student. Its own explanation is that USCIS would not grant employment authorization to F-1 students if schools have not paid the required fee.

That mechanism is what makes the proposal a student-facing issue even though students are not named as payers. The consequence of non-payment lands on the student's ability to work rather than on the school's balance sheet. Under the draft design, a student whose school declined or could not pay would not receive employment authorization.

Why DHS Says It Is Proposing the Fee

DHS says the fees are meant to combat fraud and abuse, strengthen the integrity of the immigration system, and protect U.S. workers. The department points to fraud and abuse identified by the Student and Exchange Visitor Program (SEVP), saying it has encountered schools, designated school officials, employers, and F-1 students involved in schemes to exploit current regulations, including problematic worksites and “pay-to-stay” visa schemes.

The stated theory of change is that a fee this large would encourage schools to exercise greater oversight and selectivity when recommending students for OPT. DHS also ties the proposal to recent executive orders and presidential directives on protecting U.S. workers and the integrity of employment-based immigration programs.

A department spokesperson put the rationale more bluntly: “OPT is not a back door into the U.S. labor market, a subsidy for low-wage labor, or a reward for those who exploit the program,” adding that there is no reason American workers should have to compete with programs that supply low-wage foreign labor.

What Happens Next: Comments, a Final Rule, and Possible Litigation

DHS says public comments on the proposed rule run from October 8 through November 9, and that the Paperwork Reduction Act section of the rule carries a 60-day public comment period; the Federal Register notice contains the instructions for submitting comments. The ChosunBiz report said DHS plans to collect comments for the next 60 days before finalizing the rule. Commentary published before the draft appeared had anticipated a 30- to 60-day comment window once the proposal was released.

After the comment period closes, DHS reviews the submissions and may revise the rule. Only a final rule with an implementation date would make the fees payable.

Then comes the courtroom stage. The ChosunBiz report, citing The Associated Press, says that if university or corporate groups file lawsuits, implementation could be delayed. Doug Rand, who served as a senior adviser at USCIS during the Biden administration, predicted the fee rule would be struck down in court; he argued that students educated at American universities and enabled to use their talents here after graduation should be welcomed, and criticized driving them away with “outrageous fees”. Those are predictions. No one can say now whether a court would block, delay, or uphold the rule.

What F-1 Students and Recent Graduates Can Do Now

Nothing is payable at the proposal stage, so the work now is information gathering. A short sequence:

  1. Ask your international office whether the school has taken a position on paying the fee if the rule is finalized.
  2. Ask your designated school official how the school would handle OPT recommendations if it chose not to pay.
  3. Check the Federal Register notice for the official comment deadline and submission instructions.
  4. Decide whether to submit a comment of your own during the comment window.
  5. Keep following the OPT and STEM OPT rules that apply today while you wait.

Two timing rules are worth knowing while this plays out. Eligible students may apply for up to 12 months of post-completion OPT, and pre-completion OPT is deducted from that total. If a STEM OPT extension application is filed on time and the current OPT period expires while the application is pending, USCIS automatically extends employment authorization for 180 days.

How the Proposal Would Affect U.S. Employers

Employers are not named as payers in the draft, and the fee is not tied to any specific employer. But the expectation reported by ChosunBiz is that hiring companies could end up absorbing the cost if students and schools cannot, and the assessment it attributes to The Associated Press points to possible harm for companies that hire international graduates into technical roles.

There is also a timing risk for employers. Under DHS's description, a student whose school has not paid the fee would not receive employment authorization, which would move a start date.

Separately, DHS has proposed a $103,265 fee on H-1B cap-subject petitions, which by its terms would leave universities, related nonprofit entities, nonprofit research organizations, and governmental research organizations untouched. That is a different rule with a different scope, but employers hiring international graduates often track both.

Quick Answers for F-1 Students

Is the $70,000 OPT fee in effect?

No. It is a proposed rule announced on October 7, 2026, and no fee is payable unless DHS publishes a final rule with an implementation date.

Who owes the fee under the draft?

SEVP-certified schools are designated as the payers and must pay before a designated school official recommends the student for OPT in SEVIS and before the student applies for employment authorization.

How long is the comment period, and how do I submit a comment?

DHS says comments run from October 8 through November 9, with a 60-day comment period on the rule's Paperwork Reduction Act section; the submission instructions are in the Federal Register notice.

What happens if my school does not pay?

USCIS would not authorize employment for that student under the draft design.

Does the proposal cover STEM OPT extensions?

The $30,000 tier covers any subsequent OPT, and DHS says the fee applies when a school recommends a student for any type of OPT; STEM OPT is a 24-month extension of post-completion OPT for eligible students.

What should I do while it is only a proposal?

Ask your international office what it would do if the rule is finalized, watch the Federal Register notice for the comment deadline, and keep filing under the OPT rules in force today.

Source Notes and Scope

This article is based on: the U.S.

The $70,000 and $30,000 amounts, the school-payer designation, and the comment dates are stated as they appear in those materials. The OPT fees are proposed, not final, and nothing here is legal advice or a prediction of how the rule will end.