DHS Proposes $100,000 OPT Fee for Colleges

The U.S. Department of Homeland Security has proposed a rule requiring colleges to pay up to $100,000 in fees for each international student seeking Optional Practical Training work authorization. DHS issued the proposed regulation on October 7, 2026, with formal publication in the Federal Register set for October 8. The rule would impose a $70,000 fee for a college's first OPT recommendation for a student and a $30,000 fee for each subsequent recommendation, totaling $100,000 for the full three-year authorization period.

This fee applies to all OPT types, including pre-completion, post-completion, and the STEM extension. It is triggered the first time a Designated School Official recommends an F-1 student for OPT after the rule takes effect. The current fee for the student's Employment Authorization Document application ranges from $470 to $520. There has never been a fee for the DSO's recommendation before.

Impact on institutions and students

Colleges would bear these new costs unless they pass the financial obligation to international students, all students, or to employers. DHS acknowledged the fee would create new costs for higher education institutions and could impact international student enrollment. The agency argued the cost would force colleges to be more selective about which students they recommend, deterring recommendations for those with questionable qualifications and thus improving program integrity.

DHS stated that without these fees, it cannot operate OPT consistent with its fraud prevention focus and may shut down the program entirely. The agency also suggested the OPT program has been used to circumvent the H-1B visa program. If U.S. Citizenship and Immigration Services denies the OPT work authorization or the student does not receive it, the university may seek a refund of the fee, with determinations made on a case-by-case basis without appeal. Fees collected would be deposited in the U.S. Treasury.

The proposal follows other high fee initiatives for work visas. A recently extended $100,000 fee exists for certain H-1B petitions, and a separate $103,265 fee for H-1B cap petitions was proposed only a couple months prior.

Context of rising OPT participation and prior H-1B fee attempts

OPT participation has surged in recent years, more than doubling over the past decade. About 294,000 international students participated in OPT in the 2024-25 academic year, up from roughly 120,000 a decade prior. That same academic year saw nearly 1.2 million international students in the U.S., a 20.8% jump from ten years earlier. F-1 students are eligible for up to 12 months of post-completion OPT, with STEM graduates eligible for an additional 24-month extension.

The higher education sector itself is exempt from the H-1B visa caps. The Trump administration proposed a $100,000 fee last year for each H-1B petition, but it was struck down in court in June.

Next steps in the regulatory process

The proposal will be published in the Federal Register on October 8, 2026, kicking off a 30-day public comment period. DHS will have to review each comment before it can issue a final rule. The agency plans for the new fee to take effect 60 days after the final rule is published. If finalized, court challenges are considered likely. The rule will not apply retroactively to OPT already approved and in progress when it takes effect.

Criticism from international education advocates

International education advocates have condemned the proposal. Fanta Aw, executive director and CEO of NAFSA: Association of International Educators, slammed the proposal. "Imposing this new fee structure on Optional Practical Training is the latest in a series of developments that creates deep uncertainty for international students," Aw said. In its proposal, DHS pointed to the arrest of 15 international students in 2020 during a U.S. Immigration and Customs Enforcement investigation into OPT fraud as justification for the change, which it says is needed to curb fraud and abuse.

DHS will review public comments before issuing a final rule, with the fee taking effect 60 days after publication if finalized.