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University of Michigan Comment on Proposed OPT fee rule

November 10, 2026

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 University submitted a comment letter strongly opposing these unprecedented fees and urging the Department of Homeland Security to withdraw this proposed rule in its entirety, so as to preserve the educational and economic benefits of OPT.

The letter argued that DHS has not adequately demonstrated the need for this proposed rule, which would effectively function as a tax to be paid by institutions, and would leave students with far fewer meaningful opportunities to apply their education in a practical setting. DHS has also not demonstrated that the proposed fee amounts are necessary to achieve its stated objectives.