DHS Proposes Fees for F-1 Nonimmigrant Students
Source: DHS Proposes Fees for Foreign Student Work Program to Protect American Jobs | Homeland Security
On October 7, 2026, the Department of Homeland Security (DHS) proposed a rule that would implement new fees for international students seeking to participate in the Optional Practical Training (OPT) program. If finalized, the rule could substantially affect F-1 visa holders who wish to gain professional experience in the United States during or after completing their studies.
The proposal is part of the administration’s broader efforts to strengthen immigration enforcement, address concerns about program misuse, and prioritize employment opportunities for American workers.
What is Optional Practical Training (OPT)?
Optional Practical Training (OPT) allows eligible international students holding F-1 visas to obtain temporary employment authorization in the United States. Employment must be directly related to the student’s major field of study.
Under current regulations, students may apply for OPT while completing their academic programs or after graduation. Eligible students generally qualify for up to 12 months of OPT at each educational level. Students who earn qualifying degrees in science, technology, engineering, or mathematics (STEM) may also be eligible for an additional 24-month extension.
To participate, students must receive a recommendation from their school’s Designated School Official (DSO) and apply for employment authorization through U.S. Citizenship and Immigration Services (USCIS).
What Changes Is DHS Proposing?
Under the proposed rule, DHS would establish two new fees for participation in the OPT program:
- $70,000.00 for initial OPT: This fee would apply when a school first recommends an F-1 student for OPT, whether the student applies before or after completing their academic program.
- $30,000.00 for any subsequent OPT: This fee would apply to additional OPT recommendations, including extensions available to STEM graduates.
Importantly, the proposed fees would be paid by Student and Exchange Visitor Program (SEVP)-certified educational institutions rather than being directly charged to employers.
Schools would be required to pay the applicable fee before recommending a student for OPT through the Student and Exchange Visitor Information System (SEVIS). USCIS would also be prohibited from approving employment authorization if the required fee had not been paid.
Although schools would be legally responsible for these payments, the additional financial burden could ultimately affect international students and employers.
Why is DHS Proposing These Changes?
According to DHS, the proposed fees are intended to address concerns about fraud and misuse within the OPT program.
According to DHS, it has identified instances in which educational institutions, employers, and students allegedly exploit existing regulations, including arrangements involving fraudulent employment opportunities and schemes designed to maintain immigration status without legitimate educational or professional training.
DHS believes that requiring institutions to make substantial financial commitments before recommending students for OPT would encourage greater oversight and help ensure that employment opportunities serve legitimate educational purposes.
DHS also maintains that the proposal could help protect American workers by reducing employers’ reliance on lower-cost foreign labor and encouraging fairer competition in the U.S. labor market.
What Could This Mean for International Students and Employers?
If implemented, the proposed rule could create significant financial challenges for universities, international students, and businesses that rely on the OPT program.
For international students, the additional fees could make it more difficult to secure practical training opportunities after graduation. Universities may become more selective in recommending students for OPT, potentially limiting access to employment opportunities that have traditionally been an important part of studying in the United States.
Employers could also experience changes in their ability to recruit international graduates, particularly in industries that depend on specialized skills and STEM-related talent. The proposed rule may be especially significant for students planning to transition from F-1 status to other employment-based immigration classifications, as OPT often provides valuable work experience while individuals explore longer-term career opportunities in the United States.
When Would the Proposed Rule Take Effect?
The proposed fees are not currently in effect. DHS will accept feedback on the proposed rule from October 8, 2026, through November 9, 2026. Additionally, the Paperwork Reduction Act section of the rule will have a 60-day public comment period. Members of the public should refer to the Federal Register notice for instructions on how to submit feedback for DHS consideration. After the public comment period ends, DHS will review and revise the rule based on public comments.
Until then, international students should continue following existing OPT application requirements, deadlines, and procedures.
Looking Ahead
While the proposed rule has not yet taken effect, it represents a potentially significant change for international students and educational institutions across the United States. If finalized, the additional fees could create financial challenges and affect access to employment opportunities through the OPT program. This rule change will almost certainly elicit legal challenge from various interested parties.
As DHS continues to review the proposal and public comments, international students, universities, and employers should stay informed about potential changes to the program and how they may affect future educational and employment opportunities. We recommend that readers who have questions about this proposed rule change and how it may affect them contact our office at Pasricha & Patel LLC for legal consultation.