Immigration
OPT Fees on the Horizon: Proposed DHS Costs Raise Questions for Students, Employers and Campuses
By Buchanan Attorneys Khushbu Patel and Dilip Patel
If you or someone you know is thinking about post-graduation work in the United States, a proposed change announced by the U.S. Department of Homeland Security (DHS) on Oct. 8, 2026, has sparked a new round of uncertainty.
DHS has published a proposed rule called “Optional Practical Training Fees.” Under the proposal, DHS would require very large fees tied to OPT, the temporary employment authorization that allows eligible F-1 international students to work in a field related to their studies.
The Key Point: This is Not in Effect Yet
Before anything else, here’s the most important clarification: this is only a proposed rule, not a final rule. That means the fees described in the proposal are not currently being charged and do not change existing OPT regulations today.
In other words, students should continue to follow the same OPT steps, timelines, and USCIS processes that are in place now. No one should assume their ability to apply for OPT has been immediately affected by this announcement alone.
What DHS is Proposing
According to the proposed rule, the fees would be:
- $70,000 for an F-1 student’s initial OPT period;
- $30,000 for subsequent OPT periods, including STEM OPT extensions.
These amounts are startling, and understandably so. OPT is often the bridge that helps students turn degrees into real work experience, something that can shape careers, research opportunities and long-term immigration planning.
Where the Fees Would Land
The proposal focuses on fees associated with OPT recommendations through SEVP-certified schools. However, DHS acknowledges an outcome many communities are already worried about: schools could pass some or all costs on to students, employers or other funding sources if the rule is finalized.
The federal government is accepting public comments on the proposal through Nov. 9, 2026. Anyone can submit comments during the period, including students, faculty, staff, employers and community members. DHS reviews submissions before publishing any final rule.
What Happens Next if DHS Finalizes the Rule?
While no one can predict what DHS will do, the proposal indicates that if the rule is finalized, the new fee requirements would take effect 60 days after publication of the final rule and would apply prospectively, specifically to OPT recommendations issued on or after the effective date.
Why this Matters Beyond Immigration Headlines
Even though the proposal centers on policy, the real impacts would show up in everyday places:
For students and families:
OPT is often the first chance for international graduates to gain U.S. work experience connected to their program of study. If costs rise dramatically, or if access becomes more selective, students could face:
- Higher expenses to obtain post-graduation work authorization
- More uncertainty about eligibility and timing
- Fewer opportunities overall, especially for students already managing financial constraints
For employers and local businesses:
Many employers – especially in technology, research, engineering, healthcare, and other skilled fields – rely on OPT and STEM OPT to help fill roles and build talent pipelines. If OPT becomes more expensive or harder to access, employers may experience:
- A smaller pool of candidates
- Increased recruiting and workforce planning challenges
- More time and cost spent on hiring alternatives
For colleges and universities:
Campuses may need to evaluate how the proposal affects recommendation policies and institutional support. If the financial structure changes, universities could become more selective or create new internal approaches to manage risk and cost.
What should people do right now?
Even while the proposal is not final, there are concrete steps individuals and employers can take:
Students
- Do not pause your OPT plans based on this announcement alone.
- Continue following your existing OPT process, timelines, and USCIS requirements as they stand today.
- Consider whether you want to submit your perspective during the comment window.
Employers - Employers who hire OPT and STEM OPT workers may want to:
- Assess how dependent they are on OPT talent
- Consider how recruiting and hiring strategies might shift if OPT access changes
- Monitor the rulemaking process closely
- Consider submitting comments, either individually or through industry groups, about how the proposal could affect workforce planning and business operations
The Takeaway
As of now: OPT rules are unchanged, fees are not in effect, and students should continue with the current process. The meaningful work happening right now is the public comment process and the ongoing analysis by schools and stakeholders.
What will the final version look like? No one can say for sure. But the comment window means community voices could influence how the policy is shaped, and how seriously DHS understands the downstream effects on students, employers, and campuses.
If you have further questions regarding the proposed policy and its implications, it is important to contact an immigration attorney.
Tampa Bay area welcomes Attorney Khushbu Patel
We are pleased to introduce Attorney Khushbu Patel to our readers. Khushbu is an experienced immigration attorney and has recently joined the Buchanan Ingersoll & Rooney law firm to work with Dilip Patel, who writes our immigration articles. Khushbu brings with her a wealth of knowledge in immigration law and a passion for helping individuals and families navigate the complexities of the immigration process.
Khushbu was born and raised in Richmond, Va., where she developed a strong foundation in legal principles and a deep commitment to serving her community. She earned her law degree from a respected institution, Rutgers Law School, where she developed a keen understanding of the challenges faced by immigrants in the United States.
She married in April 2024 and recently moved to the Tampa area with her husband, who works in commercial contracting. Khushbu’s move to Tampa not only marks a new chapter in her personal journey but also allows her to contribute her expertise to the growing community in the region. Fluent in Gujarati, she is an active member of the BAPS Swaminarayan Mandir in Thonotosassa, Florida.
We are thrilled to welcome Khushbu to our readers and look forward to the invaluable information she will provide to them in the field of immigration law.