The fees are proposed—not effective
DHS published a notice of proposed rulemaking on October 8, 2026. It proposes a $70,000 fee connected with an F-1 student’s first recommendation for any type of Optional Practical Training and a $30,000 fee for each later recommendation. The notice is not a final rule, does not create a payment due today and does not replace the current OPT filing process.
Comments on the rule are due by November 9, 2026. DHS may revise, withdraw or finalize the proposal after reviewing the record. The proposal says a final rule would take effect 60 days after publication of that future final rule, so there is no present effective date to put on a student’s calendar.
The proposal assigns payment to the school
Under the proposal, an SEVP-certified school would pay the applicable fee before its designated school official issues the OPT recommendation in SEVIS. The student would then receive a signed Form I-20 showing the recommendation and payment information before filing Form I-765 with USCIS.
DHS also says the proposal would not restrict how a school sources the money, provided other laws are followed, and acknowledges that schools might pass the cost to F-1 students, other students or employers. That possibility is not the same as a current bill from a school. Students should ask for a written, dated policy rather than act on a social-media claim or an unofficial invoice.
Who the proposal says would be covered
DHS proposes to apply the rule prospectively. The transition language focuses on the date of the DSO recommendation, not the date a student first heard about the proposal or began planning for work. A later STEM OPT recommendation could be treated as a subsequent recommendation if a final rule uses this structure.
The proposal contains limited refund provisions before an EAD is issued and says the fee would not be refunded once USCIS issues the OPT employment authorization document. These are proposed mechanics, not a refund right available under current rules.
| Event | Proposed fee | Proposed trigger |
|---|---|---|
| First OPT recommendation | $70,000 | DSO recommendation dated on or after a future final rule’s effective date |
| Later OPT recommendation | $30,000 | A later recommendation after the initial $70,000 fee has been paid |
| Existing OPT or earlier recommendation | No new fee under the transition language | Already approved or recommended before a future effective date |
What has not changed today
Students still begin with the school’s DSO, receive an OPT recommendation and signed Form I-20, and file Form I-765 with USCIS. The current form edition, USCIS filing fee, filing window, eligibility rules and any extension-of-stay requirement continue to control. The proposal does not authorize work before USCIS approves the application, the EAD is received and its start date arrives.
The notice does not automatically cancel an existing EAD, F-1 status or a pending Form I-765. It also does not guarantee that a pending or future application will be approved. Students should keep following their case-specific notices, the dates on Form I-20 and Form I-94, and their DSO’s lawful instructions.
A calm action plan
- Do not pay a person or company claiming the proposed fee is already mandatory.
- Ask the DSO whether the school has issued a written response to the proposal; save the answer with its date.
- Continue to use the current Form I-765 edition and USCIS Fee Calculator on the actual filing date.
- Do not request an OPT recommendation early merely to outrun a proposal if the request would fall outside the lawful filing sequence.
- If commenting, use docket ICEB-2026-0100 by November 9 and remember that public comments and identifying details may be posted online.
- Seek licensed immigration advice if the proposal intersects with a status deadline, transfer, travel plan or extension-of-stay question.
Status checked October 10, 2026
As of this update, the Federal Register labels the action a notice of proposed rulemaking. No final rule or operative fee was identified in the official sources reviewed. We will distinguish any later final rule, court order, delay or withdrawal from this proposal rather than silently rewriting its status.
This article provides general educational information, not legal advice, school policy or a determination of eligibility. Original Documentation is independent and is not affiliated with DHS, ICE, SEVP, USCIS or any school.