On October 8, 2026, the Department of Homeland Security published a proposed rule that would charge new fees for Optional Practical Training, the work program used by many international students at Texas universities. It is a proposal, not a final rule, but the amounts are large enough that students and schools are already planning around it.
What DHS proposed
The proposal would apply, for each F-1 student engaging in OPT through a school certified by the Student and Exchange Visitor Program, a fee of $70,000 for initial OPT and $30,000 for any subsequent OPT. DHS describes the purpose as combating fraud, strengthening program integrity and protecting U.S. workers.
Who would pay, and when
Under current rules, a student first obtains a recommendation from a Designated School Official, who records it in SEVIS, and then files Form I-765 with USCIS. The proposal’s examples describe the school paying, and state that the fee would have to be paid for the student before the school official enters the OPT recommendation in SEVIS. A student with both pre-completion and post-completion OPT would trigger both amounts in DHS’s example.
DHS’s own cost estimate
DHS estimates the annualized costs of the proposal at between $32 million and $8.2 billion, with a primary estimate of $4.1 billion at a 3 percent discount rate. The wide range reflects uncertainty about how many students would still use OPT.
How to comment
Comments on the proposal are due by November 9, 2026 through the Federal eRulemaking Portal under docket ICEB-2026-0100. Comments on the related information collection are due by December 7, 2026. Specific, data-backed comments carry more weight than general objections.
What students should do now
Nothing changes until DHS publishes a final rule. Students graduating soon should talk to their international student office about timing. If an OPT work permit is delayed under the current rules, mandamus.com covers EAD delay cases. For longer-term options, see visa types, employment-based green cards in Dallas and the separate proposal on extension deference.
How OPT works today
Under the current program, F-1 students can use OPT for practical training related to their field of study, either before or after completing their studies. The school official recommends the training and records it in SEVIS, the student files Form I-765, and USCIS adjudicates the application on the basis of that recommendation. The proposal would keep those steps but add the fee before the school official could enter the recommendation. That is why the timing of graduation and of the final rule matters so much to current students.
Frequently asked questions
Is the $70,000 fee in effect? No. It is a proposed rule; DHS must publish a final rule before any fee applies.
Who would pay the fee? DHS’s examples describe the school paying it before the official enters the OPT recommendation in SEVIS.
When are comments due? November 9, 2026, under docket ICEB-2026-0100.
Key Takeaways
- DHS proposed $70,000 for initial OPT and $30,000 for later OPT periods.
- The proposal’s examples describe schools paying before the OPT recommendation is entered in SEVIS.
- DHS estimates annualized costs between $32 million and $8.2 billion.
- Comments are due November 9, 2026 under docket ICEB-2026-0100.
- Current OPT rules apply until a final rule is published.
Disclosure: This site collaborates with the law firm that publishes mandamus.com and n600k.com; some articles link to their guides. General information only, not legal advice.
General information only, not legal advice. Immigration law and agency policy change often; confirm current rules before acting. Published October 26, 2026. Official sources checked October 26, 2026.