On October 8, 2026, the Department of Homeland Security (DHS) issued a proposed rule that would significantly increase the cost of participating in the Optional Practical Training (OPT) program for F-1 students.
What Is Being Proposed?
Under the proposal, schools authorized to enroll F-1 students in OPT programs would be required to pay:
- $70,000 when recommending a student for OPT for the first time.
- $30,000 for each additional OPT recommendation, including STEM OPT extensions.
These fees would be tied to the school’s decision to recommend a student for OPT, not to a particular employer or job. The fee would have to be paid before the school could issue the OPT recommendation, and U.S. Citizenship and Immigration Services would not approve the student’s work authorization until the fee has been paid. DHS is also considering whether the $70,000 fee should apply again when a student earns a higher degree and seeks a new period of OPT, such as moving from a bachelor’s degree program to a master’s degree program.
What This Means for F-1 Students, Employers, and Institutions
Although the proposed fees would be imposed on educational institutions, DHS expressly acknowledges that schools could pass those costs on to students, employers, or other funding sources. If finalized, the proposal could make OPT much more expensive, resulting in fewer students being approved for the program. It could also make schools more selective when deciding which students to recommend for OPT.
For employers, particularly those that hire international graduates through OPT or STEM OPT, the proposal could reduce the pool of available candidates and increase recruiting and workforce planning challenges. For students, it could make it more difficult or costly to obtain post-graduation work experience in the United States.
What Happens Next?
This is only a proposed rule and is not currently in effect. Comments may be submitted through November 9, 2026. If DHS finalizes the rule, the agency proposes that the new fee requirements would take effect 60 days after publication of a final rule and apply prospectively to OPT recommendations issued on or after the effective date.
What Employers Should Do Now
Employers that hire F-1 students or STEM OPT workers should consider:
- Assessing their current and future reliance on OPT talent.
- Evaluating the potential impact on recruiting and workforce planning.
- Monitoring developments in the rulemaking process.
- Considering whether to submit comments individually or through industry associations on the proposal’s impact on talent acquisition and business operations.
While this proposal is only in the preliminary rulemaking stage, it has the potential to significantly reshape the OPT landscape for F-1 students, educational institutions, and employers. We will continue to closely monitor this proposal and any related developments. For guidance tailored to your specific circumstances, please contact Alston & Bird’s Immigration Team.
If you have any questions, or would like additional information, please contact one of the attorneys on our Immigration team.
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