On October 8, 2026, DHS issued a proposed regulation that would require U.S. universities to pay a $70,000 fee to recommend an F-1 student for an initial period of Optional Practical Training (OPT) and a $30,000 fee for each subsequent OPT recommendation. According to DHS, the fees are being proposed to combat fraud and abuse, and to discourage the use of the OPT program to bypass H-1B caps, fees, and prevailing wage requirements.
The proposed fees will not take effect until DHS reviews the public feedback received over the 30-day comment period and publishes a final regulation with a specific implementation date. U-M plans to submit comments during the 30-day public comment period expressing our opposition and concerns.
According to the proposed rule, the first request for OPT after the rule takes effect would be subject to the $70,000 fee – regardless of whether the request is for pre-completion OPT, post-completion OPT, or STEM OPT. All subsequent OPT requests would be subject to the $30,000 fee – regardless of whether the request was for pre- or post-completion OPT or STEM OPT. While the proposal would require the university to pay these fees, the proposed rule would allow the university to pass on the cost of the fee to students or to employers. The fees the institution would pay are in addition to the USCIS fee for an OPT application (currently $520 for paper filings and $470 for online filings) that students are required to pay.
It is important to note the $70,000 and $30,000 fees would apply only to OPT recommendations made after the new regulation takes effect. The fees would not apply retroactively to OPT employment that is already approved and in progress at the time the rule takes effect. Therefore, if you plan to apply for pre-completion OPT or are within the filing window to apply for post-completion OPT, we encourage you not to delay.
The proposal to require these new fees is unprecedented, since filing fees have always existed but there has never been a fee to obtain the DSO’s OPT recommendation. We understand the frustration and concern this proposed regulation will cause.
If the proposal does become final, additional implementation details would have to be determined. There will certainly be litigation from higher education institutions or associations challenging the fee. The International Center will continue to monitor developments and will provide future updates as needed.