A $70,000 OPT Fee? What DHS’s Proposal Means for Employers and International Graduates

A $70,000 OPT Fee? What DHS’s Proposal Means for Employers and International Graduates

On October 8, 2026, the Department of Homeland Security proposed new fees for Optional Practical Training: $70,000 for a student’s initial OPT and $30,000 for any subsequent OPT, such as a STEM OPT extension.¹ The proposal is not in effect, and public comments are due November 9, 2026.

Who would pay? Would it reach students already on OPT? And what does it mean for employers that recruit international graduates and plan to sponsor them for H-1B?

Here are the key questions.

Q1: Is the OPT fee in effect now?

No. It is a proposed rule.

DHS must review public comments and publish a final rule before any fee applies. As proposed, the final rule would take effect 60 days after it is published, and the final amounts and terms may differ from the proposal.¹

Q2: Who would pay the fee — the student, the school, or the employer?

As proposed, the school.

The fee would be paid by the SEVP-certified school whose designated school official recommends the student for OPT. DHS’s own economic analysis assumes some schools may decide not to pay, which would mean fewer students able to use OPT.¹ How schools would fund the fee — and whether any of the cost would be shared with students or employers — is not settled by the proposal.

Q3: How much would it cost across a typical OPT path?

Potentially $100,000 per student.

The $70,000 fee would apply to the first OPT recommendation of any type, including pre-completion OPT. A later recommendation — post-completion OPT after pre-completion OPT, or a STEM OPT extension — would carry the $30,000 subsequent fee. The fee is tied to the school’s recommendation, not to a change of employer.¹

Q4: Would it affect students already on OPT?

Not for recommendations already issued, as proposed.

The fee would apply to OPT recommendations dated on or after the final rule’s effective date. Students whose recommendations predate it would not owe the fee for that period. How the fees would treat a student whose initial OPT began before the effective date but whose STEM extension is recommended after it is a point employers should watch for in the final rule.¹

Q5: Why does this matter for H-1B planning?

Because the costs could stack.

OPT is often how employers bridge an international graduate to an H-1B petition. A separate DHS proposal would add $103,265 to each cap-subject H-1B petition, including petitions for graduates already working in the United States on OPT.² Both are proposals and neither is in effect, but an employer recruiting a new graduate could face higher costs at both stages if both are finalized as proposed.

Q6: What should employers do now?

Map your international talent pipeline person by person.

Identify:

• Which employees are on OPT or STEM OPT today, and when each one’s current authorization ends.
• Who will need a STEM OPT extension in the next 12–18 months, and whether that recommendation could fall after a final rule takes effect.
• Which employees you intend to register in next spring’s H-1B lottery, and the budget if both proposed fees are finalized.
• Whether your company wants to submit a comment before November 9, 2026.

The cost of hiring an international graduate may soon depend on timing — when a recommendation is dated, when a petition is filed, and when each rule becomes final. Having experienced counsel review each employee’s path from OPT to H-1B and, where relevant, to a green card is the most direct way to plan around costs that could change within months.

Law Office of Attorney Peng PLLC

Information current as of October 15, 2026. Requirements should be confirmed against the rules in effect at the time of filing.

This newsletter is for general informational purposes only and does not constitute legal advice. Attorney advertising.