---
title: "International Students Seeking OPT Would Need Their School…"
canonical: "https://www.metaintro.com/blog/dhs-70000-opt-fee-international-graduates-2026"
language: "en"
author: "drashtigarach"
published: "2026-10-08T11:36:45.000Z"
modified: "2026-10-08T11:53:09.406Z"
---

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# International Students Seeking OPT Would Need Their School to Pay $70,000 First Under a DHS Proposal

DHS proposes a $70,000 school fee for a student's first OPT and $30,000 for each later OPT, including STEM OPT. Comments close November 9. Here is what changes.

[![Drashti Garach](https://cdn.metaintro.com/rs:fill:40:40/q:72/plain/images/5719d740-e510-42bc-8017-e040d145f35f_1766029465094.png)Drashti Garach @DrashtiGarach](/blog/author/drashtigarach)

[October 8, 2026](/blog/archive/2026/10)14 min read

![Students with backpacks walking across a sunny university campus quad with autumn trees and brick buildings](https://cdn.metaintro.com/rs:fill:1200:675/q:78/plain/images/final-10497.jpg)

[https://x.com/intent/tweet?text=International%20Students%20Seeking%20OPT%20Would%20Need%20Their%20School%20to%20Pay%20%2470%2C000%20First%20Under%20a%20DHS%20Proposal&url=https%3A%2F%2Fwww.metaintro.com%2Fblog%2Fdhs-70000-opt-fee-international-graduates-2026](https://x.com/intent/tweet?text=International%20Students%20Seeking%20OPT%20Would%20Need%20Their%20School%20to%20Pay%20%2470%2C000%20First%20Under%20a%20DHS%20Proposal&url=https%3A%2F%2Fwww.metaintro.com%2Fblog%2Fdhs-70000-opt-fee-international-graduates-2026)[http://www.facebook.com/sharer.php?u=https%3A%2F%2Fwww.metaintro.com%2Fblog%2Fdhs-70000-opt-fee-international-graduates-2026](http://www.facebook.com/sharer.php?u=https%3A%2F%2Fwww.metaintro.com%2Fblog%2Fdhs-70000-opt-fee-international-graduates-2026)[https://www.linkedin.com/sharing/share-offsite/?url=https%3A%2F%2Fwww.metaintro.com%2Fblog%2Fdhs-70000-opt-fee-international-graduates-2026&title=International%20Students%20Seeking%20OPT%20Would%20Need%20Their%20School%20to%20Pay%20%2470%2C000%20First%20Under%20a%20DHS%20Proposal](https://www.linkedin.com/sharing/share-offsite/?url=https%3A%2F%2Fwww.metaintro.com%2Fblog%2Fdhs-70000-opt-fee-international-graduates-2026&title=International%20Students%20Seeking%20OPT%20Would%20Need%20Their%20School%20to%20Pay%20%2470%2C000%20First%20Under%20a%20DHS%20Proposal)[mailto:?subject=International%20Students%20Seeking%20OPT%20Would%20Need%20Their%20School%20to%20Pay%20%2470%2C000%20First%20Under%20a%20DHS%20Proposal&body=https%3A%2F%2Fwww.metaintro.com%2Fblog%2Fdhs-70000-opt-fee-international-graduates-2026](mailto:?subject=International%20Students%20Seeking%20OPT%20Would%20Need%20Their%20School%20to%20Pay%20%2470%2C000%20First%20Under%20a%20DHS%20Proposal&body=https%3A%2F%2Fwww.metaintro.com%2Fblog%2Fdhs-70000-opt-fee-international-graduates-2026)

[SEVP-certified schools would have to pay $70,000 for a student's initial Optional Practical Training and $30,000 for any subsequent OPT](https://www.federalregister.gov/documents/2026/10/08/2026-20660/optional-practical-training-fees) under a proposed rule from the [Department of Homeland Security](https://www.dhs.gov/news/2026/10/07/dhs-proposes-fees-foreign-student-work-program-protect-american-jobs), [formally published on October 8](https://www.fragomen.com/insights/united-states-dhs-proposes-dollar70000-fee-for-initial-opt-and-dollar30000-fee-for-subsequent-opt-periods.html) in the Federal Register. OPT is a [temporary employment authorization connected to a student's field of study](https://www.dhs.gov/news/2026/10/07/dhs-proposes-fees-foreign-student-work-program-protect-american-jobs), and students [may apply for OPT during their academic program or after completing their program](https://www.dhs.gov/news/2026/10/07/dhs-proposes-fees-foreign-student-work-program-protect-american-jobs). [These fees are not in effect](https://www.murthy.com/2026/10/07/newsflash-dhs-proposes-70000-initial-opt-fee-and-30000-fee-for-subsequent-opt/), and [DHS is accepting comments on the proposed rule through November 9, 2026](https://www.murthy.com/2026/10/07/newsflash-dhs-proposes-70000-initial-opt-fee-and-30000-fee-for-subsequent-opt/). For [Metaintro](https://www.metaintro.com) readers who are studying in the U.S. on a student visa, or hiring people who are, the useful detail sits in the rule text itself, covering who pays, when the fee is triggered, who is protected by the transition, and how to file a comment before the window closes.

## What Exactly Has DHS Proposed for OPT?

The proposal sets two fees for [each student to engage in OPT through a Student and Exchange Visitor Program-certified institution, $70,000 for initial OPT and $30,000 for any subsequent OPT](https://www.federalregister.gov/documents/2026/10/08/2026-20660/optional-practical-training-fees). DHS published it [through U.S. Immigration and Customs Enforcement](https://eiglaw.com/dhs-proposes-70000-opt-fee-and-30000-stem-opt-fee-for-international-students/), and within DHS, [ICE administers SEVP](https://www.federalregister.gov/documents/2026/10/08/2026-20660/optional-practical-training-fees).

The $70,000 figure is a [one-time fee that a school must pay for each student before a designated school official's first recommendation for any type of OPT](https://www.federalregister.gov/documents/2026/10/08/2026-20660/optional-practical-training-fees), whether that first period is pre-completion or post-completion OPT. The $30,000 fee [would apply to any type of OPT that a student participates in after having completed their initial OPT, regardless of whether it is another pre-completion OPT, post-completion OPT, or STEM OPT extension](https://www.federalregister.gov/documents/2026/10/08/2026-20660/optional-practical-training-fees).

Two details matter for job seekers. The fee [would not be tied to a specific employer](https://www.dhs.gov/news/2026/10/07/dhs-proposes-fees-foreign-student-work-program-protect-american-jobs), and [the OPT fee is not triggered by a change in employer](https://www.federalregister.gov/documents/2026/10/08/2026-20660/optional-practical-training-fees). Instead, it [would apply when schools recommend a student for any type of OPT](https://www.dhs.gov/news/2026/10/07/dhs-proposes-fees-foreign-student-work-program-protect-american-jobs).

## Who Would Actually Pay the $70,000?

The legal obligation sits with the school. Schools [would have to pay the OPT fee prior to the DSO entering the recommendation for OPT in SEVIS](https://www.federalregister.gov/documents/2026/10/08/2026-20660/optional-practical-training-fees), and [no DSO would be able to enter an OPT recommendation without the school having paid the applicable fee](https://www.federalregister.gov/documents/2026/10/08/2026-20660/optional-practical-training-fees). On the federal side, [USCIS would not grant employment authorization to students if schools have not paid the required fee](https://www.dhs.gov/news/2026/10/07/dhs-proposes-fees-foreign-student-work-program-protect-american-jobs).

That does not mean students are shielded from the cost. DHS [acknowledges that the schools may pass the financial obligation of this proposed fee onto students, all students, or employers](https://www.federalregister.gov/documents/2026/10/08/2026-20660/optional-practical-training-fees). The proposal [does not propose the imposition of specific limitations or restrictions on how the schools should collect or source the requisite funds](https://www.federalregister.gov/documents/2026/10/08/2026-20660/optional-practical-training-fees), so each school would set its own approach.

Under current rules there is a USCIS fee for the work permit application, [currently $520 for paper filings and $470 for online filings, but there has never been a fee to obtain the DSO's OPT recommendation](https://www.fragomen.com/insights/united-states-dhs-proposes-dollar70000-fee-for-initial-opt-and-dollar30000-fee-for-subsequent-opt-periods.html). Schools also keep a choice. [DSOs are not required to recommend students for OPT and can elect not to pay the fee for a particular student](https://www.federalregister.gov/documents/2026/10/08/2026-20660/optional-practical-training-fees) [who is not a strong candidate for OPT or whose participation in OPT could adversely affect the integrity of the program](https://www.federalregister.gov/documents/2026/10/08/2026-20660/optional-practical-training-fees).

> Optional Practical Training was never meant to be a back door into the American workforce, a subsidy for cheap labor, or a prize for those who game the system, a DHS spokesperson said on October 7, according to [the DHS press release](https://www.dhs.gov/news/2026/10/07/dhs-proposes-fees-foreign-student-work-program-protect-american-jobs).

## How Does OPT Work Today, and Which Step Would Change?

Under the current process, you [first request approval from your DSO, who will confirm your eligibility and, if eligible, will recommend you for OPT in SEVIS and endorse your Form I-20 for OPT](https://studyinthestates.dhs.gov/students/training-opportunities-in-the-united-states). You [must then file the Form I-765 with USCIS, and you cannot begin OPT until you receive authorization](https://studyinthestates.dhs.gov/students/training-opportunities-in-the-united-states) in the form of an Employment Authorization Document.

The current time limits work like this. Students [can apply for 12 months of OPT at each education level](https://studyinthestates.dhs.gov/students/training-opportunities-in-the-united-states), and students on post-completion OPT may apply for a [STEM OPT extension of 24 months](https://www.federalregister.gov/documents/2026/10/08/2026-20660/optional-practical-training-fees) if the degree is in a field on the DHS STEM Designated Degree Program List and from an accredited U.S. educational institution. [Pre-completion OPT is limited to 20 hours per week while school is in session](https://studyinthestates.dhs.gov/students/training-opportunities-in-the-united-states) but can be full time during breaks.

What changes is the first step. The DSO [would need to confirm that the school has paid the applicable OPT fee prior to updating SEVIS](https://www.federalregister.gov/documents/2026/10/08/2026-20660/optional-practical-training-fees), and would give you [a new I-20 with the DSO's recommendation and OPT fee payment information](https://www.federalregister.gov/documents/2026/10/08/2026-20660/optional-practical-training-fees) so that you can file the I-765. For STEM OPT, students already [submit a training plan form, which includes the employer's attestation, to the DSO before the new DSO recommendation](https://www.federalregister.gov/documents/2026/10/08/2026-20660/optional-practical-training-fees), and under the proposal that STEM recommendation would carry the $30,000 fee.

## Why Would Pre-Completion OPT Become the Costlier Route?

This detail affects students who plan internships during their degree. Regular OPT, outside the STEM extension, [is limited to a total of 12 months, and pre-completion OPT reduces the amount of time available for post-completion OPT](https://www.federalregister.gov/documents/2026/10/08/2026-20660/optional-practical-training-fees).

Because the first OPT of any kind costs the higher fee, [a total fee of $100,000 would be assessed should the student engage in pre-completion and post-completion OPT, compared to $70,000 if the entire OPT period occurs post-completion](https://www.federalregister.gov/documents/2026/10/08/2026-20660/optional-practical-training-fees). DHS [anticipates that institutions would encourage students to use only post-completion OPT](https://www.federalregister.gov/documents/2026/10/08/2026-20660/optional-practical-training-fees) to benefit from that difference, and it [expects future participation in pre-completion OPT to decline](https://www.federalregister.gov/documents/2026/10/08/2026-20660/optional-practical-training-fees).

DHS also considered an alternative. It considered [having the one-time initial fee of $70,000 apply again to any initial period of OPT following the student's change to a higher educational level](https://www.federalregister.gov/documents/2026/10/08/2026-20660/optional-practical-training-fees), for example once after a bachelor's degree and again after a master's degree, and DHS [especially encourages input from the public on this potential alternative](https://www.federalregister.gov/documents/2026/10/08/2026-20660/optional-practical-training-fees).

## Is the Fee in Effect Yet, and Who Would Be Protected by the Transition?

No. The rule [would not take effect until the agency considers public comments and finalizes the proposal into a final rule](https://www.fragomen.com/insights/united-states-dhs-proposes-dollar70000-fee-for-initial-opt-and-dollar30000-fee-for-subsequent-opt-periods.html). DHS is proposing that [the final rule take effect 60 days after the date of publication of the final rule](https://www.federalregister.gov/documents/2026/10/08/2026-20660/optional-practical-training-fees).

The transition covers students already in the pipeline. Schools [will not be required to pay this fee for a student's OPT if the student is currently engaging in previously approved OPT, has been approved for OPT prior to the effective date of this rule, or has received a DSO recommendation for OPT prior to the effective date](https://www.federalregister.gov/documents/2026/10/08/2026-20660/optional-practical-training-fees). There is a catch, though. If that same student [submits a subsequent request for OPT on or after the effective date of the final rule, the fee provisions will apply](https://www.federalregister.gov/documents/2026/10/08/2026-20660/optional-practical-training-fees), and a later STEM OPT request would count as subsequent OPT.

Refunds would be limited. A school [may request a refund if the student has not received an employment authorization document for OPT](https://www.federalregister.gov/documents/2026/10/08/2026-20660/optional-practical-training-fees), but the fee [would not be refunded under any circumstances once the student has received an employment authorization document](https://www.federalregister.gov/documents/2026/10/08/2026-20660/optional-practical-training-fees). Each request would be reviewed case by case, and [SEVP's determination on the refund request would be final and not appealable](https://www.federalregister.gov/documents/2026/10/08/2026-20660/optional-practical-training-fees).

## Why Does DHS Say the Fee Is Needed?

The proposal is meant [to combat fraud, strengthen the integrity of the immigration system, and protect U.S. workers](https://www.federalregister.gov/documents/2026/10/08/2026-20660/optional-practical-training-fees), and DHS believes it would [incentivize educational institutions to exercise greater oversight and selectivity when recommending students for OPT](https://www.federalregister.gov/documents/2026/10/08/2026-20660/optional-practical-training-fees). The department goes further, stating that without the fees [it will not be able to operate OPT consistent with its focus on preventing fraud and protecting American workers and may shut down the program entirely](https://www.federalregister.gov/documents/2026/10/08/2026-20660/optional-practical-training-fees).

In 2024, [194,554 students were granted Employment Authorization Documents for pre-completion or post-completion OPT and reported working for an employer](https://www.federalregister.gov/documents/2026/10/08/2026-20660/optional-practical-training-fees). DHS records also show that [by 2024, there were already 165,524 students participating in STEM OPT](https://www.federalregister.gov/documents/2026/10/08/2026-20660/optional-practical-training-fees). The yearly estimates DHS uses are different, and EIG Law's summary of them lists [approximately 194,000 OPT participants and 95,000 STEM OPT participants active during 2024](https://eiglaw.com/dhs-proposes-70000-opt-fee-and-30000-stem-opt-fee-for-international-students/).

The fraud findings cited include [empty buildings and false claims of employment, including pay-to-stay visa fraud with nonexistent worksites](https://www.federalregister.gov/documents/2026/10/08/2026-20660/optional-practical-training-fees), and residential addresses listed as worksites. On the amount, DHS [selected a fee amount for OPT comparable to the fee for H-1B visas](https://www.federalregister.gov/documents/2026/10/08/2026-20660/optional-practical-training-fees), [designed to closely align with the H-1B fees to reduce students and employers from using OPT to circumvent the H-1B visa program fees](https://www.federalregister.gov/documents/2026/10/08/2026-20660/optional-practical-training-fees). The fees [would be deposited in the Treasury of the United States as a miscellaneous receipt](https://www.federalregister.gov/documents/2026/10/08/2026-20660/optional-practical-training-fees) and [not specifically earmarked for ICE SEVP or immigration enforcement activities](https://www.federalregister.gov/documents/2026/10/08/2026-20660/optional-practical-training-fees).

## How Many Schools and Students Could Feel the Change?

Reviewing recent OPT authorizations, DHS [found 2,478 schools that enrolled students and had students that participated in OPT](https://www.federalregister.gov/documents/2026/10/08/2026-20660/optional-practical-training-fees). It also estimates that [56 percent of regulated SEVP-certified institutions are small entities](https://www.federalregister.gov/documents/2026/10/08/2026-20660/optional-practical-training-fees), and it did not propose a small-school exemption because [this approach could leave significant fraud vulnerabilities unaddressed](https://www.federalregister.gov/documents/2026/10/08/2026-20660/optional-practical-training-fees).

DHS estimates the rule [could generate between $8.4 billion and $16.5 billion annually in fee payments](https://eiglaw.com/dhs-proposes-70000-opt-fee-and-30000-stem-opt-fee-for-international-students/), and [DHS estimates that it would collect $12.4 billion annually if the fees are finalized](https://www.statnews.com/2026/10/07/trump-administration-proposes-fee-targeting-interational-students-optional-practical-training/).

The low end of that range assumes fewer students get through. In that scenario, DHS [assumes institutions would pay the initial OPT fee for only students eligible for the 24-month STEM OPT extension](https://www.federalregister.gov/documents/2026/10/08/2026-20660/optional-practical-training-fees), in which case [prospective non-STEM OPT students would be unable to participate in OPT](https://www.federalregister.gov/documents/2026/10/08/2026-20660/optional-practical-training-fees). DHS also acknowledges that [the proposed fee represents a significant increase in the cost of participating in OPT and STEM OPT, which could affect future participation rates](https://www.federalregister.gov/documents/2026/10/08/2026-20660/optional-practical-training-fees).

> The research is clear: international students don’t take opportunities from Americans, they create them, Fanta Aw, Executive Director and CEO of NAFSA, said on October 7, according to [the NAFSA statement on the proposed rule](https://www.nafsa.org/statement-OPT-fee-proposed-rule).

## What Are International Educators and Lawyers Saying?

Higher education groups have pushed back. Fanta Aw, Executive Director and CEO of NAFSA, said the group and its members across the country will [mobilize detailed comments outlining the issues with the proposed rule](https://www.nafsa.org/statement-OPT-fee-proposed-rule). [Sarah Spreitzer, vice president at the American Council on Education](https://www.pbs.org/newshour/politics/trump-administration-proposes-a-70000-fee-for-international-students-to-work-in-the-u-s), said international enrollment has suffered. Last fall, the number of new students entering the United States for the first time [fell by 17%, the sharpest decrease since the pandemic](https://www.pbs.org/newshour/politics/trump-administration-proposes-a-70000-fee-for-international-students-to-work-in-the-u-s).

Science programs have a particular stake. [OPT authorizations for STEM graduates have risen from nearly 27,500 in 2015 to more than 95,000 in 2024](https://www.statnews.com/2026/10/07/trump-administration-proposes-fee-targeting-interational-students-optional-practical-training/), and [a NAFSA survey conducted last year found that 54% of current graduate students and postdocs would not have come to the U.S. if OPT did not exist](https://www.statnews.com/2026/10/07/trump-administration-proposes-fee-targeting-interational-students-optional-practical-training/), though it did not ask about fees.

[If the rule is finalized for implementation, court challenges are likely](https://www.fragomen.com/insights/united-states-dhs-proposes-dollar70000-fee-for-initial-opt-and-dollar30000-fee-for-subsequent-opt-periods.html), Fragomen wrote, and [Doug Rand, a former senior adviser at U.S. Citizenship and Immigration Services during the Biden administration, predicted that the fee would be struck down in the courts](https://www.pbs.org/newshour/politics/trump-administration-proposes-a-70000-fee-for-international-students-to-work-in-the-u-s). The proposal also lands beside other H-1B changes, including the [proposed $103,265 filing fee for H-1B cap petitions](https://www.fragomen.com/insights/united-states-dhs-proposes-dollar70000-fee-for-initial-opt-and-dollar30000-fee-for-subsequent-opt-periods.html) and a [wage-weighted H-1B selection process](https://www.metaintro.com/blog/h1b-visa-cap-2027-wage-based-lottery-tech-hiring).

## How Can You Comment Before November 9?

Comments on the rule go through the federal portal. You [may submit comments on the entirety of this rule, which must be identified by Docket No. ICEB-2026-0100, through the Federal eRulemaking Portal](https://www.federalregister.gov/documents/2026/10/08/2026-20660/optional-practical-training-fees) at regulations.gov. Comments sent [in a manner other than the Federal eRulemaking Portal, including emails or letters sent to DHS, will not be considered comments](https://www.federalregister.gov/documents/2026/10/08/2026-20660/optional-practical-training-fees).

A few practical rules apply. [All comments must be submitted in English, or an English translation must be provided](https://www.federalregister.gov/documents/2026/10/08/2026-20660/optional-practical-training-fees), and they [must be submitted online by the last day of the comment period](https://www.federalregister.gov/documents/2026/10/08/2026-20660/optional-practical-training-fees). [Comments providing the most assistance to DHS will reference a specific portion of this rule, explain the reason for any recommended change, and include the data, information, or authority](https://www.federalregister.gov/documents/2026/10/08/2026-20660/optional-practical-training-fees) that supports it.

Keep privacy in mind. DHS [will post your comments to the federal e-Rulemaking Portal and will include any personal information you provide](https://www.federalregister.gov/documents/2026/10/08/2026-20660/optional-practical-training-fees). A separate window exists because [the Paperwork Reduction Act section of the rule will have a 60-day public comment period](https://www.dhs.gov/news/2026/10/07/dhs-proposes-fees-foreign-student-work-program-protect-american-jobs), but the main rule deadline is [November 9](https://www.dhs.gov/news/2026/10/07/dhs-proposes-fees-foreign-student-work-program-protect-american-jobs).

## What This Means for International Students and Job Seekers, and What Should You Do Next?

The proposal shifts part of the OPT decision to schools. Today a DSO [will confirm your eligibility and, if eligible, will recommend you for OPT](https://studyinthestates.dhs.gov/students/training-opportunities-in-the-united-states). Under the proposal, DHS states that [schools would be more selective in determining which students are qualified to participate in OPT](https://www.federalregister.gov/documents/2026/10/08/2026-20660/optional-practical-training-fees). [These fees are not in effect](https://www.murthy.com/2026/10/07/newsflash-dhs-proposes-70000-initial-opt-fee-and-30000-fee-for-subsequent-opt/), so the sensible moves are about timing and information.

- **Comment if this affects you.** Any interested party can comment at regulations.gov under the docket number listed in [the Federal Register notice](https://www.federalregister.gov/documents/2026/10/08/2026-20660/optional-practical-training-fees). DHS says the most useful comments [will reference a specific portion of this rule, explain the reason for any recommended change, and include the data, information, or authority that supports the recommended change](https://www.federalregister.gov/documents/2026/10/08/2026-20660/optional-practical-training-fees).
- **Ask your DSO three questions.** Would the school pay the fee, pass it on to students or employers, or limit recommendations, and how would it handle STEM OPT? The proposal leaves [how schools collect or source the funds](https://www.federalregister.gov/documents/2026/10/08/2026-20660/optional-practical-training-fees) up to each school.
- **Know your timing.** A [DSO recommendation dated before the effective date of a final rule](https://www.federalregister.gov/documents/2026/10/08/2026-20660/optional-practical-training-fees) would not carry the fee, but a later request, such as STEM OPT, could. Follow current OPT requirements, since [students, schools, and employers should continue following current OPT requirements while monitoring this proposal](https://www.murthy.com/2026/10/07/newsflash-dhs-proposes-70000-initial-opt-fee-and-30000-fee-for-subsequent-opt/).
- **Think twice about splitting OPT.** Under the proposal, using pre-completion OPT first means [$70,000 for pre-completion and $30,000 for post-completion](https://www.federalregister.gov/documents/2026/10/08/2026-20660/optional-practical-training-fees), so talk to your school before planning a pre-completion OPT internship.
- **Keep your job search moving.** Employers say [new graduates arrive missing basic skills](https://www.metaintro.com/blog/new-graduates-missing-basics-skills-based-hiring-what-to-learn), so those skills are worth building while the rule is debated.

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## People Also Asked

### Q: How much is the proposed OPT fee?

A: DHS has proposed [$70,000 for initial OPT and $30,000 for any subsequent OPT](https://www.federalregister.gov/documents/2026/10/08/2026-20660/optional-practical-training-fees) for each student, and the subsequent fee covers the [STEM OPT extension](https://www.federalregister.gov/documents/2026/10/08/2026-20660/optional-practical-training-fees) too.

### Q: Do international students pay the OPT fee themselves?

A: The fee [would be paid by the school, not assessed directly to the student or a particular employer](https://www.murthy.com/2026/10/07/newsflash-dhs-proposes-70000-initial-opt-fee-and-30000-fee-for-subsequent-opt/), but DHS acknowledges schools [may pass the financial obligation of this proposed fee onto students, all students, or employers](https://www.federalregister.gov/documents/2026/10/08/2026-20660/optional-practical-training-fees).

### Q: When does the OPT fee take effect?

A: It is not in effect, [DHS is accepting comments on the proposed rule through November 9, 2026](https://www.murthy.com/2026/10/07/newsflash-dhs-proposes-70000-initial-opt-fee-and-30000-fee-for-subsequent-opt/), and if finalized the rule [would take effect 60 days after publication of a final rule](https://www.murthy.com/2026/10/07/newsflash-dhs-proposes-70000-initial-opt-fee-and-30000-fee-for-subsequent-opt/).

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