Rule status: Proposed · comments close Nov 9, 2026

OPT Rules, Explained — Including the 2026 $70,000 Fee Proposal

OPTRules tracks the actual text of F-1 Optional Practical Training regulations, with the 2026 DHS fee proposal as its current focus. Every page opens with the direct answer, cites the Federal Register, and is dated so you can tell how fresh it is.

Short answer: OPT is not cancelled and no $70,000 fee is being collected. DHS published a proposed rule on October 8, 2026 that would charge $70,000 for initial OPT and $30,000 for subsequent OPT — billed by design to the SEVP-certified school, not directly to the student. The comment period closes November 9, 2026. If finalized, it would take effect 60 days after publication of the final rule. Until then, applying for OPT costs the usual I-765 fee: $520 paper / $470 online.

What this site covers

Why the fee proposal is a big deal

Optional Practical Training is the work authorization that lets F-1 students in the United States work for 12 months after graduation (36 months with a STEM extension). It is the main reason many international students choose U.S. universities, and the main pipeline from a U.S. degree into H-1B employment. A charge of $70,000 per initial OPT authorization — roughly 135 times the current $520 I-765 filing fee — would reshape that pipeline. DHS frames the proposal as a user-pays measure to combat fraud and protect U.S. workers; its own regulatory analysis puts the primary cost estimate at $12.4 billion.

The rule also changes who pays. Today a student pays USCIS when filing Form I-765. Under the proposal, the SEVP-certified school pays the new charge when its Designated School Official (DSO) recommends the student for OPT — and the rule explicitly says a DSO is not required to recommend a student, which would make OPT access partly a school-by-school policy decision. That is the detail most coverage misses, and it is the one we track most closely.

Frequently asked questions

Do F-1 students have to pay $70,000 for OPT now?

No. As of October 14, 2026, the $70,000 initial OPT fee and $30,000 subsequent OPT fee exist only in a DHS proposed rule published October 8, 2026 (91 FR 64566). It is not final and not in effect. The current cost to apply for OPT remains the Form I-765 filing fee: $520 by paper or $470 online.

Who would pay the $70,000 OPT fee if it takes effect?

The proposed rule is designed so that the SEVP-certified school pays the fee through the Student and Exchange Visitor Program when its DSO recommends a student for OPT. The rule text says DSOs are not required to recommend a student for OPT and can elect not to pay the fee for a particular student. Students would still pay the existing I-765 filing fee separately. Schools could try to pass costs to students through tuition or fees, which is why per-semester cost matters.

When would the OPT fee take effect?

Under the proposal, a final rule would take effect 60 days after its publication in the Federal Register, and it would apply only to DSO recommendations for OPT dated on or after that effective date. DHS must first review comments, which close on November 9, 2026, then publish a final rule — which could change the amounts or be withdrawn.

Is OPT cancelled?

No. OPT is not cancelled. A proposed rule is a draft regulation, not law. Until a final rule is published with the fee and its effective date passes, F-1 students apply for OPT exactly as before.

Nothing on this site is legal advice. For decisions about your own case, consult a licensed immigration attorney or your school’s DSO.