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DHS proposes major fee increase for international student work program

DHS proposes major fee increase for international student work program

Rule Changes

Agency seeks $70,000 for initial OPT and $30,000 for extensions, up from $520 per student

October 8th, 2026: Public comment period opens

Overview

Updated Oct 28

The Department of Homeland Security proposed a rule on October 7 that would charge schools $70,000 per international student before their first Optional Practical Training (OPT) recommendation, plus $30,000 for each later recommendation. Students now pay a $520 application fee. OPT lets F-1 students work in jobs related to their field.

DHS estimates the rule's annualized cost over 10 years at $4.1 billion in its primary estimate, with a range of $32 million to $8.2 billion. The agency says the range reflects uncertainty about how many fees schools would pay and how much OPT participation might fall. Comments close November 9 at 11:59 p.m. ET. Universities could pass the cost to students or employers, and new international enrollment already fell 17% in autumn 2025.

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 $520 application fee.
$30,000
Proposed extension fee
Per F-1 student for subsequent OPT, including STEM extensions.
294,000
Students in OPT, 2024-25
Institute of International Education count, up 21% from the prior year.
$4.1 billion
DHS annualized cost estimate
DHS primary estimate over 10 years; the range runs from $32 million to $8.2 billion.
92%
College leaders expecting enrollment loss
Said in a fall 2025 survey of 828 institutions that students would likely choose other countries without OPT.
10,000
Students at suspect employers
F-1 students on OPT working at what DHS calls highly suspect employers, from an agency investigation cited in the proposed rule.

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Organizations Involved

U.S. Department of Homeland Security (DHS)
U.S. Department of Homeland Security (DHS)
Federal agency
Proposed the OPT fee rule

Federal agency that administers immigration and border security.
SE
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
Institute of International Education
Research organization
Data source on OPT participation

Nonprofit that tracks international student mobility.
AI
NAFSA: Association of International Educators
International education association
Opposes the fee; warned it would drive students from U.S. universities

Association representing international educators and advisers at U.S. colleges.
AC
American Council on Education
Higher education association
Plans to submit comments asking DHS to withdraw the rule

Higher education association representing U.S. colleges and universities.

Timeline

4 events Latest: October 8th, 2026 · 1 month ago
Tap a bar to jump to that date

  1. Public comment period opens

    Latest 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.

  2. 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.

  3. NAFSA warns proposed fee would push students away

    Policy Response

    NAFSA chief Fanta Aw said OPT lets international students gain hands-on experience while filling STEM labor shortages, and warned the fee would drive them from U.S. universities.

  4. ACE says it will ask DHS to withdraw the fee rule

    Policy Response

    The American Council on Education said the fees would force institutions to pay $70,000 before recommending a student for initial work authorization. It plans to submit comments asking DHS to withdraw the rule, which it called flawed.

Scenarios

1

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.

2

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.

3

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.

Sources

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U.S. Department of Homeland Security Associated Press POLITICO The Washington Post Higher Ed Dive Inside Higher Ed Bloomberg Law Newsweek Honolulu Star-Advertiser Federal Register American Council on Education Poets&Quants CNA EconoTimes