US DHS $70,000 OPT Fee Proposal Explained
DHS has proposed charging a student's school $70,000 for a first OPT authorization and $30,000 for every one after that, including STEM OPT extensions. It is not law yet. Here is what the proposal actually says, who it would bill, and what still has to happen before it could take effect.
This is a proposed rule, not a final rule, and the fees described below are not currently being charged. DHS published "Optional Practical Training Fees" in the Federal Register on October 8, 2026. It is open for public comment, has not been finalized, and could still change before — or instead of — becoming law. This article is general information, not legal advice. Verify the rule's current status directly on the Federal Register and USCIS.gov before advising a student, school, or employer.
OPT and the STEM OPT extension are two of the most consequential post-study steps for Indian F-1 students in the United States, so a proposal that would attach a five- or six-figure fee to them is squarely relevant to any consultancy advising those students. On October 8, 2026, DHS published exactly that: a proposed rule that would require a student's school, not the student directly, to pay a large flat fee before recommending OPT in SEVIS. This article explains what the proposal says today — and is careful to flag that it is, at every stage, still a proposal.
What the proposed rule says
The rule is titled "Optional Practical Training Fees" and appears in the Federal Register under document number 2026-20660, published October 8, 2026. It would set two fee tiers tied to a student's SEVIS record: a one-time $70,000 fee before a school recommends that student's first OPT authorization of any type, and a $30,000 fee before the school recommends any later OPT authorization for that same student — a category that explicitly includes STEM OPT extensions. Curricular Practical Training (CPT) is not addressed by this proposal and would be unaffected.
What was proposed, and when
On October 8, 2026, DHS published a proposed rule titled "Optional Practical Training Fees" in the Federal Register. It would require a SEVP-certified school to pay a $70,000 fee before recommending a student's first Optional Practical Training (OPT) authorization of any type in SEVIS, and a $30,000 fee before recommending any later OPT authorization for that same student — including a STEM OPT extension.
Who is actually billed
The fee is proposed to fall on the student's SEVP-certified school, not directly on the student or the employer. DHS's own proposal explicitly allows a school to pass the cost on to the student or the employer, so in practice the fee could still land on a student's family or a sponsoring employer — the rule just does not specify who within that chain ultimately absorbs it.
Scope: OPT and STEM OPT, not CPT
The $70,000 fee applies once per student, to that student's first OPT authorization of any kind. The $30,000 fee applies to every subsequent OPT authorization for the same student, which includes a STEM OPT extension. The proposal does not touch Curricular Practical Training (CPT), which remains a separate authorization.
An alternative DHS is also asking about
DHS is separately seeking public comment on an alternative structure under which the $70,000 "first OPT" fee would apply again whenever a student begins a new OPT period tied to a higher academic degree level — for example, moving from a bachelor's-level OPT to a master's-level OPT. This alternative is explicitly framed as a question DHS is asking, not a decision it has made.
Timeline and current status
As a proposed rule, this is not yet law and these fees are not currently being charged. Public comments are due 30 days after the October 8, 2026 Federal Register publication. If DHS finalizes the rule, it would take effect 60 days after the final rule is published, and would apply to OPT recommendations issued on or after that effective date — not retroactively to recommendations already issued.
Who would actually pay
The proposal's payment structure is worth reading carefully rather than skimming past: DHS would bill the student's SEVP-certified school, not the student or the sponsoring employer, before that school may recommend OPT in SEVIS. But the proposed rule explicitly contemplates — and permits — the school passing that cost along to the student or to an employer. In other words, who is formally billed and who actually bears the cost are two different questions, and the proposal leaves the second one to each school's own decision rather than resolving it itself.
Why this is not settled
Three things keep this firmly in "proposed, not final" territory. First, the public comment period: DHS set a 30-day window from the October 8, 2026 publication date for comments, and a proposed rule can be revised, narrowed, or withdrawn in response to what it receives. Second, DHS is separately asking for comment on an alternative under which the $70,000 "first OPT" fee could apply again at a higher degree level — a sign DHS itself has not settled on the final fee structure. Third, even a finalized rule would not take effect immediately: per the proposal, a final rule would start 60 days after its own publication and would apply only to OPT recommendations issued on or after that date, not retroactively.
What this means for Indian consultants and students
For a consultancy advising Indian students pursuing US F-1 study and OPT, the practical approach mirrors how this site has covered other fast-moving US immigration fee changes: don't quote a number from a headline as if it is already in effect, and don't assume it will be finalized exactly as proposed. A student asking "will I have to pay $70,000 for OPT" deserves the accurate answer — that this is a proposed DHS rule from October 2026, open for comment, not currently charged, and still subject to change — rather than either reassurance or alarm based on an unfinished rulemaking.
Our OPT and STEM OPT extension explainer covers how the existing, currently-in-effect OPT and STEM OPT framework works today, and our H-1B $100,000 fee proclamation explainer covers a separate, already-contested US immigration fee whose own status has shifted repeatedly — useful background on how quickly US immigration fee policy can move. Our US visa consultant software page covers how VisaBOS helps a consultancy keep a dated status note and source link attached to a case rather than relying on memory of a headline, though it is a case-management tool, not a source of immigration law.
Frequently asked questions
Is the $70,000 OPT fee in effect right now?
No. As of this writing, "Optional Practical Training Fees" is a proposed rule DHS published in the Federal Register on October 8, 2026 — it is open for public comment and has not been finalized. No OPT fee of this kind is currently being charged. Always check USCIS.gov and the Federal Register directly for the rule's current status before telling a student or school what to expect.
Who would actually have to pay the $70,000 or $30,000 fee?
The proposal places the payment obligation on the student's SEVP-certified school, which would need to pay the fee before recommending OPT in SEVIS. The proposed rule explicitly allows the school to pass that cost on to the student or the employer, so the fee could still reach a student financially even though the school is the one DHS would bill directly. How any specific school plans to handle this, if the rule is finalized, would be a school-level decision.
Does the $30,000 fee apply to a STEM OPT extension?
Yes, under the proposal as published. The $70,000 fee is described as a one-time fee for a student's first OPT authorization of any type; the $30,000 fee would apply to every OPT authorization after that for the same student, and DHS's proposal explicitly includes STEM OPT extensions within that second, lower fee tier rather than treating them separately.
Does this proposal affect CPT (Curricular Practical Training)?
No. The proposed rule is scoped to Optional Practical Training (OPT) and its STEM extension. Curricular Practical Training, which is authorized differently and tied to a student's curriculum while still enrolled, is not addressed by this proposal.
How large would this be if it takes effect?
DHS's own proposal estimates roughly 2,478 SEVP-certified schools would be affected, with projected annual fee revenue in the range of $8.4 to $16.5 billion. Those are DHS's own estimates in the proposed rule, not independently verified by this article, and they illustrate the scale DHS itself expects rather than a confirmed final cost.
When would the fee start if it is finalized as proposed?
Per the proposal, a final rule would take effect 60 days after its own publication, and would apply only to OPT recommendations issued on or after that effective date. Public comments on the proposed rule are due 30 days after its October 8, 2026 publication, and DHS could revise, delay, or decide not to finalize the rule in response to those comments — none of this is settled yet.
Where should a consultancy verify the current status before advising a student or partner school?
Directly on the Federal Register's own "Optional Practical Training Fees" docket and USCIS.gov, not from this article or a single news summary. This is an actively open rulemaking with a live comment period, and DHS could change the fee structure, the alternative degree-level trigger, or the timeline before any final rule is published. This article is not legal advice.
Disclaimer: this article describes a proposed DHS rule, "Optional Practical Training Fees," published in the Federal Register on October 8, 2026. It is not a final rule, is not currently in effect, and remains open for public comment and possible revision. This article reflects the proposal's text as reported as of October 26, 2026, is provided for general informational purposes only, and is not legal advice. Always confirm the rule's current status directly on the Federal Register, USCIS.gov, or with a qualified immigration lawyer before advising a specific student, school, or employer.
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