The proposed $70,000 OPT fee: what it says and how to comment
On October 8, 2026, DHS published a proposed rule called "Optional Practical Training Fees" in the Federal Register (91 FR 64566, Docket No. ICEB-2026-0100). It is a proposal. Nothing has changed for OPT today, and the final rule could look different. Public comments close on November 9, 2026.
Here is what the text actually says, and what you can do this week.
## What the proposal would charge
- $70,000 one time per F-1 student, for the first OPT of any type.
- $30,000 for each later OPT period, including the STEM OPT extension.
- The rule says the $70,000 applies "irrespective of whether it is pre-completion OPT or post-completion OPT." So a student who does pre-completion OPT first would trigger the $70,000 then, and $30,000 on the next period.
Takeaway: if you plan pre-completion OPT, ask your DSO how this proposal would affect your sequence before you file.
## Who would pay
- The fee is charged to the SEVP-certified school. The school would pay before the DSO enters the OPT recommendation in SEVIS.
- The proposal also says schools "may pass the financial obligation of this proposed fee onto F-1 nonimmigrant students."
- The money would go to the U.S. Treasury as a miscellaneous receipt.
Takeaway: watch for guidance from your international office. Your school decides how it would respond if the rule is finalized.
## Who would be covered
Duane Morris reads the proposal as not applying to students already on approved OPT, or recommended before the effective date. Later OPT requests from those students could still be charged. The firm notes implementation would begin 60 days after a final rule, so confirm current status with your DSO before making decisions.
## How to comment before November 9
- Go to regulations.gov and search Docket No. ICEB-2026-0100.
- Click "Comment" on the proposed rule.
- Be specific. Describe the concrete impact on you, your program, your employer or your research group. Numbers and real situations carry more weight than general opinions.
- Comments are public, so leave out anything you would not want posted.
A separate comment period on the SEVIS payment-tracking paperwork runs to December 7, 2026.
## Planning while it is pending
If OPT costs or timing become uncertain, it is worth knowing early whether you could qualify for a self-petition path such as EB-2 NIW or EB-1A, which do not need an employer sponsor.
Check your self-petition fit free, no account needed: https://www.f-1careers.com/explorer?utm_source=community&utm_medium=post&utm_campaign=opt_fee_rule
Sources: DHS, "Optional Practical Training Fees," proposed rule, 91 FR 64566 (Oct. 8, 2026), Docket ICEB-2026-0100; NAFSA OPT Fee Rule Portal; Carnegie Mellon Office of International Education; Duane Morris LLP alert, October 2026.
Education and strategy, not legal advice. Talk to a licensed immigration attorney about your situation.