DHS Proposes $100,000 in OPT Fees | Who Pays and When?

DHS has proposed a major new fee for F-1 OPT:

• $70,000 for an initial OPT

• $30,000 for later STEM OPT extension.

A typical OPT-plus-STEM-OPT path could therefore cost $100,000 under the proposal.

Who pays?

The school, not the student or employer, would be responsible for paying DHS. The school must pay before the DSO can enter the OPT recommendation in SEVIS.

However, DHS expressly contemplates that schools could recover the cost from the student, employer, or another funding source. That means the school writes the check, but someone else may ultimately bear the expense.

When would payment be due?

Before school official enters the OPT recommendation in SEVIS, not when the student starts working or when USCIS approves the application.

Current rulemaking stage?

It is only a proposed rule. Nothing has taken effect yet.

DHS/ICE released it for formal Federal Register publication on October 8, 2026.

The public will then have 30 days to submit comments.

After that, DHS would issue a final rule before these fees could become effective.

Lawsuit?

If DHS finalizes this rule, a lawsuit is very likely.

Plaintiffs could argue that DHS lacks clear congressional authority to impose such an unusually large fee, similar to arguments already being raised against the proposed 100k H-1B fee.