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International Student and Scholar

OPT Fee Proposal

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.

District Court Postpones Implementation of DHS Final Rule Eliminating Duration of Status for F and J Nonimmigrants

On September 14, 2026, a federal district court in Massachusetts issued a preliminary injunction postponing the effective date of the Department of Homeland Security (DHS) rule that would replace the admission of F and J nonimmigrants for the duration of status with fixed periods of admissions.

Change in USCIS Adjudication Policy

On August 5th, 2026, USCIS announced a new policy intended to reduce frivolous immigration benefits requests. Under this new policy, USCIS adjudicators can now deny a petition or application without first issuing a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID) if all required evidence is not included or if a benefit requestor fails to demonstrate eligibility for a benefit.