DHS proposes major fee increase for international student work program

Overview

Updated 2 hours ago

The Department of Homeland Security proposed a rule on October 7 that would charge $70,000 per international student for initial work authorization under Optional Practical Training (OPT), plus $30,000 for extensions. The current fee is about $500.

Colleges would pay the fee before recommending students for OPT, though schools could pass the cost to students or employers. DHS says the charges would combat fraud and protect American workers. Higher education groups say the fee would push students to other countries, and DHS warns it may shut down OPT without the fees.

Why it matters

If finalized, the fee could cut international graduate hiring in the U.S. and push thousands of students to study elsewhere.

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Key Indicators

$70,000

Proposed initial OPT fee

Per F-1 student for first Optional Practical Training authorization, up from about $500.

$30,000

Proposed extension fee

Per F-1 student for subsequent OPT, including STEM extensions.

294,000

Students in OPT, 2024-25

More than double the 120,000 in the program a decade earlier, per the Institute of International Education.

92%

College leaders expecting enrollment loss

Said in a fall 2025 survey of 828 institutions that students would likely choose other countries without OPT.

Voices

Curated perspectives — historical figures and your fellow readers.

Ever wondered what historical figures would say about today's headlines?

Organizations Involved

U.S. Department of Homeland Security (DHS)

Federal Agency

Proposed the OPT fee rule

Federal agency that administers immigration and border security.

Student and Exchange Visitor Program

DHS program

Identified fraud prompting the rule

DHS program that certifies schools to enroll international students.

Institute of International Education

Research organization

Data source on OPT participation

Nonprofit that tracks international student mobility.

Timeline

2 events Latest: Today

October 2026
Public comment period opens
Today Regulation

DHS begins accepting public comments on the proposed rule through November 9. A separate 60-day comment period covers the Paperwork Reduction Act section.
Today
DHS proposes $70,000 OPT fee rule
Regulation

DHS publishes a proposed rule requiring SEVP-certified schools to pay $70,000 per initial OPT recommendation and $30,000 per extension.
Yesterday

Scenarios

DHS Finalizes Rule With $70,000 Fees

Possible Resolves by End of 2027

Discussed by: DHS, which argues the fees are necessary to combat OPT fraud and strengthen program integrity

After the comment period closes November 9, DHS reviews submissions and publishes a final rule with the $70,000 initial and $30,000 extension fees unchanged. The final rule sets a compliance date, after which schools must pay before recommending students for OPT. DHS has said without the fees it may shut down the program entirely.

Fee Reduced After University Pushback

Possible Resolves by End of 2027

Discussed by: Higher education associations and institutions preparing public comments

Universities argue the fee would devastate international enrollment, citing survey data showing 92% of college leaders expect students to choose other countries without OPT. DHS revises the fee structure in the final rule, lowering amounts or adding exemptions for smaller institutions or specific fields. The final rule follows a traditional notice-and-comment revision process.

Court Injunction Halts Fee Implementation

Unlikely Resolves by Q2 2028

Discussed by: Immigration attorneys and higher education legal counsel

A university or technology employer files suit after the final rule, arguing DHS lacks statutory authority to impose fees of this magnitude under the Immigration and Nationality Act. A federal court grants a preliminary injunction, blocking enforcement while the case proceeds. The 2020 ICE online-learning rule, rescinded after Harvard and MIT sued, offers a precedent for this path.

Historical Context

2 moments from history that rhyme with this story — and how they unfolded.

July 2020

ICE Online-Learning Rule (2020)

Immigration and Customs Enforcement announced that F-1 students would lose their visas if their schools moved fully online because of the pandemic. Harvard and MIT filed suit within days, arguing the agency bypassed proper rulemaking procedures.

Then

The Trump administration rescinded the rule within two weeks under legal pressure.

Now

The episode showed that rapid federal restrictions on international students can be reversed through litigation.

Why this matters now

Today's OPT fee faces similar legal exposure if universities challenge its statutory basis.

August 2015

STEM OPT Extension Vacated (2015)

A federal court in the District of Columbia vacated the 2008 STEM OPT extension rule, ruling that DHS hadn't followed proper notice-and-comment procedures. DHS then issued a new 24-month extension rule in 2016.

Then

The 2016 rule survived subsequent legal challenges and extended STEM OPT from 17 to 24 months.

Now

The case established that OPT rules must be promulgated through formal rulemaking and can be challenged in court.

Why this matters now

Shows OPT regulations have been successfully challenged before, and DHS has had to redo its rulemaking.