The $70,000 OPT Fee Rule, Explained
Last verified October 14, 2026. Written from the Federal Register text, not news summaries.
Everything in the DHS proposal to charge for Optional Practical Training: the amounts, who writes the check, the exact effective-date mechanism, and the calendar between now and a possible final rule.
Direct answer: On October 8, 2026, DHS proposed charging $70,000 for initial OPT and $30,000 for any subsequent OPT per F-1 student. The charge would be billed to the SEVP-certified school when its DSO recommends the student for OPT; the student’s existing I-765 filing fee is unchanged. Comments close November 9, 2026. If finalized without change, the rule takes effect 60 days after the final rule is published, applying only to DSO recommendations dated on or after that day. It is not law today.
What the rule actually says
The proposal, titled “Optional Practical Training Fees,” creates a new section of the immigration regulations (proposed 8 CFR 214.13) and states its purpose as combating fraud, strengthening program integrity, and protecting U.S. workers. The operative sentence defines two tiers: $70,000 for a student to engage in initial OPT, and $30,000 for any subsequent OPT, in each case tied to participation in OPT “through a Student and Exchange Visitor Program-certified institution.”
Two design details matter more than the headline numbers. First, the charge attaches to the school’s recommendation, not the student’s application: the DSO enters a recommendation for OPT in SEVIS, the fee obligation is triggered at that step, and the student then files I-765 with USCIS as under current law. Second, the rule states that DSOs “are not required to recommend F-1 nonimmigrants for OPT and can elect not to pay the fee for a particular F-1 nonimmigrant” — language that would give each school discretion over which students get recommended, and would make OPT access a school policy question in a way it has never been before.
DHS’s own regulatory impact analysis is unusually blunt for a fee rule: it estimates the primary cost of the proposal at $12.4 billion and discusses what happens if educational institutions “are unable to pay or choose not to pay” — including declining OPT participation. In other words, DHS itself models a world in which some schools simply stop recommending students for OPT because of the price.
The numbers, side by side
| Item | Today | Under the proposal |
|---|---|---|
| Initial OPT (12 months) | I-765 fee: $520 paper / $470 online, paid by student | $70,000 charge paid by the school + existing I-765 fee |
| Subsequent OPT period (e.g., STEM extension) | New or extended I-765 filing, student-paid | $30,000 charge paid by the school |
| SEVIS I-901 fee | $350 (unchanged) | $350 (unchanged by this rule) |
| Who decides if you get OPT | USCIS adjudicates the I-765 | USCIS adjudicates, but the school’s DSO recommendation — and willingness to pay — comes first |
Why you also see “$100,000” in the headlines
The two tiers add up: $70,000 for initial OPT plus $30,000 for a subsequent authorization period equals $100,000 for a student who uses both — which is why coverage describes “$100,000 in practical training fees” and why “opt fee 100k” searches outnumber “opt fee 70k.” That $100,000 is a total across both tiers, not a third number, and it is also — coincidentally — the same figure as the separate H-1B proclamation fee. The two rules are unrelated; see OPT fee vs H-1B fee for the full separation.
What OPT costs today (quick reference)
| Payment | Amount | Note |
|---|---|---|
| Form I-765 (the OPT application) | $520 paper / $470 online | Paid by the student; USCIS makes small annual inflation adjustments — check uscis.gov/i-765 for the amount in effect the day you file |
| Premium processing (Form I-907, optional) | $1,780 | For requests postmarked on or after March 1, 2026; optional speed-up, not required |
| SEVIS I-901 (once, before your visa) | $350 | Unchanged |
| The proposed OPT charge | $0 — not in effect | Only a proposal; this row is the reason this site exists |
Timeline: from proposal to effective date
| Date | Event |
|---|---|
| Oct 8, 2026 | Proposed rule published in the Federal Register (91 FR 64566) |
| Nov 9, 2026 | Comment period closes. Anyone — students, schools, employers, bar associations — can submit comments that DHS must consider |
| After review | DHS publishes a final rule (with possible changes) or withdraws the proposal. Timing is not fixed; complex rules can take months |
| Final rule publication + 60 days | Under the proposed transition, the rule takes effect. Only DSO recommendations dated on or after the effective date trigger the charge |
The fastest possible path from proposal to effective date is roughly two to three months after the comment period closes, if DHS moved immediately. A slower path — more comments, litigation risk, a changed administration priority, or withdrawal — leaves current rules in place indefinitely. For planning purposes: nothing is different for anyone applying for OPT today, and the earliest realistic effective date for a final version would be early 2027.
How this interacts with the H-1B $100,000 fee
Many students are mixing this proposal up with the separate $100,000 fee on new H-1B petitions announced in September 2025. They are different rules on different forms: the H-1B fee is paid by employers on new petitions, while the OPT charge is tied to the school’s SEVP recommendation. The search confusion is understandable — together they signal a broader user-pays direction in U.S. work immigration — but the mechanics, payers, and timelines are not the same, and conflating them leads to bad decisions like skipping an OPT application that is still cheap and available.
Frequently asked questions
What is the proposed OPT fee?
DHS proposes charging $70,000 for a student's initial OPT authorization and $30,000 for any subsequent OPT (such as a STEM OPT extension period), for each F-1 nonimmigrant student engaging in OPT through a Student and Exchange Visitor Program-certified institution. The amounts appear in the proposed rule published October 8, 2026 at 91 FR 64566.
Does the $70,000 fee replace the I-765 filing fee?
No. The rule keeps the existing process: after the school's DSO enters an OPT recommendation in SEVIS, the student still files Form I-765 with USCIS and pays the existing I-765 fee ($520 paper / $470 online). The new charge is separate and is designed to be paid by the school through SEVP.
Is the OPT fee final?
No. It is a proposed rule. DHS must review comments (due November 9, 2026) and then either publish a final rule — which can change the amounts, mechanics, or effective date — or withdraw the proposal. Nothing is owed and nothing changes until a final rule takes effect.
What happens to students who already have OPT when the rule takes effect?
The proposed transition applies the fee based on when the DSO recommendation is dated: recommendations on or after the effective date trigger the charge, while authorizations that already exist are not retroactively charged. A subsequent authorization, such as moving from 12-month OPT into a STEM extension period as contemplated by the rule, would be priced at the $30,000 subsequent tier.
Where to go next
For the payer question in depth, see who pays the OPT fee. For a live view of where the rule stands, see the OPT fee status tracker. To translate the headline numbers into per-semester reality, try the OPT fee calculator.