OPT Fee Rule Status Tracker
One page, updated at every stage change, answering one question: where does the $70,000 OPT fee actually stand today?
Current status (verified October 14, 2026): The rule is a proposal. It was published October 8, 2026 (91 FR 64566) and the comment period closes November 9, 2026. No final rule exists, no fee is being collected, and OPT applications proceed under the old rules at the old prices.
Stage by stage
| Stage | Status | Detail |
|---|---|---|
| Proposed rule published | Done | October 8, 2026 — Federal Register 91 FR 64566, docket 2026-20660. |
| Comment period | In progress | Open now. Closes November 9, 2026. Students, schools, employers, and bar associations may submit comments; DHS must consider them. |
| DHS review of comments | Pending | Not started. Timing is not fixed — complex rules commonly take months. |
| Final rule (or withdrawal) | Pending | The final rule could change the amounts, the payer mechanics, or the effective date — or the proposal could be dropped entirely. |
| Effective date | Pending | Under the proposed transition: 60 days after final-rule publication. Only DSO recommendations dated on or after that date trigger the charge. |
Key dates
| Date | What happens |
|---|---|
| Oct 8, 2026 | Proposed rule published (done) |
| Nov 9, 2026 | Comment deadline (next milestone) |
| 2027 (earliest realistic) | Earliest a final rule could realistically publish and, 60 days later, take effect — only if DHS moves immediately after comments close |
What each status change means for you
While the comment period is open: nothing changes for applicants. If you will finish your program soon, applying for OPT under current rules is the cheapest application you will ever file — the proposed transition keys the fee to the DSO recommendation date, which happens before you file I-765. Waiting does not protect you from the fee; applying early insulates you from it.
When a final rule publishes: the 60-day clock starts. Students with a DSO recommendation already dated are, under the proposed transition language, judged by their recommendation date — another reason the pre-effective-date window matters. Schools will spend those 60 days writing the policies (absorb, pass through, or cap recommendations) that our calculator models.
If the proposal is withdrawn or changed: nothing happens at all, and this page becomes the record of why. Comment volume and litigation threats are the usual levers — the comment docket is public, and high-comment rules sometimes emerge substantially different.
The one action available right now: comment on the rule
Between publication and November 9, 2026, anyone may submit a public comment — students, employers, universities, or family members — and DHS is legally required to consider and address substantive comments in the final rule. Comments go through regulations.gov (search docket 2026-20660); universities and associations will file long legal comments, and volume from individuals is counted as well. Commenting does not delay or block the rule by itself, but rules that draw large comment volume frequently emerge changed, and every comment becomes part of the record courts review if the final rule is challenged. If you have a concrete story — what a $70,000 charge or a school’s decision not to pay would do to your plans — that specificity is what makes a comment substantive.
Change log
| Date | Update |
|---|---|
| Oct 14, 2026 | Tracker launched. Status: proposed, comment period open, no final rule. Fee not in effect. |
Frequently asked questions
What stage is the OPT fee rule at right now?
As of October 14, 2026: the proposed rule was published October 8, 2026 and the comment period is open, closing November 9, 2026. DHS has not begun final review, no final rule exists, and no fee is being collected.
Has any court blocked the OPT fee rule?
No litigation is needed yet because no final rule exists. Once a final rule is published, lawsuits are likely and are a standard part of high-impact immigration rulemaking — check back here; this tracker updates as the rule moves.
How will I know when the rule takes effect?
Watch for a Federal Register final rule that cites this docket and states an effective date 60 days out. We update this page with each stage change and date the update so you can see how fresh it is.
Related: the rule explained · who pays · is OPT cancelled?