Proposed Rulemaking on OPT Fee – Public Comments Open
- October 9th, 2026
- in Capstone International Services
Proposed Rulemaking on OPT Fee – Public Comments Open (UPDATED 10/08/2026)
On Thursday, October 8, 2026, the Department of Homeland Security published 91 FR 64566 a proposed rule to introduce Optional Practical Training Fees of $70,000 for initial OPT Recommendation and $30,000 for subsequent OPT Recommendations.
IMPORTANT: Please note, this rule is not in effect and is only a proposal.
Resource Links:
- Read: Proposed Rule on OPT Fees.
- Read: DHS Press Release.
- Read: NAFSA Press Release.
- See NAFSA’s Proposed OPT Fee Page.
- See International Student Resource Center Proposed OPT Fee Page.
Fee Proposal Overview
Proposed Fee Amounts – $70k & $30k
If finalized as proposed, the rule would require the school/institution who hosts the F-1 student to pay [emphasis added]:
- A one-time initial fee of $70,000 for each F-1 student the first time that the school recommends the student to participate in OPT of any kind under section 214.2(f)(10)(ii).
- Proposed 8 CFR 214.13(i)(1) reads: “(1) An SEVP-certified educational institution must pay a one-time initial fee of $70,000 for each F-1 student the first time that the alien is recommended to participate in OPT under section 214.2(f)(10)(ii). This payment must be made prior to the DSO recommending a student for OPT, pursuant to section 214.2(f)(11)(ii).”
- A $30,000 fee for a subsequent recommendation for OPT of any kind under section 214.2(f)(10)(ii) by that school for that student.
- Proposed 8 CFR 214.13(i)(1) reads: “(2) An SEVP-certified educational institution must pay the amount of $30,000 for each F- 1 student prior to a subsequent recommendation of the alien to participate in OPT under section 214.2(f)(10)(ii) if the alien has previously participated in OPT and paid the initial OPT fee of $70,000. This payment must be made prior to the DSO recommending a student for OPT, pursuant to section 214.2(f)(11)(ii).”
Who must pay the fee?
The proposed rule would require the school that recommends the OPT (or STEM OPT) to pay the applicable $70k or $30k OPT fee prior to recommending OPT and issuing an I-20 with OPT recommendations.
However, the proposal does not dictate how an institution must manage the fee source. Even though it is the obligation of the school to process payment of the fee and attest to its payment, DHS says in the preamble to the proposed rule:
“this proposed fee rule does not propose the imposition of specific limitations or restrictions on how the schools should collect or source the requisite funds to make the fee payments for each student engaged in OPT, to the extent that the school complies with all other applicable laws, including reporting foreign gifts and contracts under 20 U.S.C. 1011f. DHS acknowledges that the schools may pass the financial obligation of this proposed fee onto F-1 nonimmigrant students, all students, or employers.”
When would these fees go into effect?
Remember that this is a proposed rule, not a final rule.
Publication of the proposed rule 91 FR 64566 on October 8, 2026 began the notice-and-comment process under the Administrative Procedure Act.
After the comment period closes at the end of the day on November 9, 2026, DHS will first have to review the comments, develop a final rule, and then send the final rule back to OMB/OIRA for review. After that review is completed, DHS could publish a final rule in the Federal Register, which would specify any revisions to the proposal and when the final rule would be scheduled to take effect.
Rule Making Process Overview
Below is a brief overview of the rule making process which is a broad 5-Step Process:
- A proposed rule is published in the Federal Register and the public can comment. (We are currently here in the Rulemaking Process).
- Comments can be submitted through the “Submit a Public Comment” link on the proposed rule page 91 FR 64566 or directly at Regulations.gov.
- The comment period will end on November 9, 2026 for this proposed rule.
- After comment period ends, DHS is required to review public comments and prepare a response to all substantive comments.
- DHS sends either the same rule or the rule with changes to the OMB for review.
- The OMB completes their review of the rule.
- The final rule is published with an effective date.
Submitting a Public Comment
Comments can be submitted through the “Submit a Public Comment” link on the proposed rule page 91 FR 64566 or directly at Regulations.gov.
The comment period will end on November 9, 2026 for this proposed rule.
If making a public comment, see the below tips from Johns Hopkins University’s “Tips for Submitting Effective Comments”
- Identify the rule you are commenting on and provide the Regulation Identifier Number (RIN), plus any word, column, or paragraph citation from the federal register document to clearly identify the issues or parts of the proposed regulation on which you are responding.
- Be constructive and offer an alternative or modified approach to meeting the same objective or, if you disagree with the action, suggest not regulating at all.
- Use data and evidence to support your argument, including relevant personal or professional experience, if appropriate.
- Avoid jargon and acronyms; use plain language and headings to group information into meaningful chunks.
- Use a disclaimer i.e. “The views expressed are my own not on behalf of my employer/school.”
- Distinguish your comment from others by identifying your credentials and expertise – avoid form letters.
- Know your audience and demonstrate the ways in which your recommendation reflects the best interests of the federal government and federal taxpayers.
- Be aware of deadline; you have until 11:59 p.m. Eastern time on November 9, 2026 to submit your comment.
- Comments become a matter of public record. The comment, attachments, and supporting materials will be posted without change to Regulations.gov.
ISSS will continue to monitor the situation and update the Immigration Updates Page with information as it becomes available.








