For many international students, the plan after graduation has looked the same for years: finish the degree, work in the United States on Optional Practical Training (OPT), and hope an employer sponsors an H-1B. This week, the Department of Homeland Security (DHS) proposed putting a steep price on the first step of that plan.
On October 7, 2026, DHS announced a proposed rule that would charge $70,000 per F-1 student for initial OPT and $30,000 for any later OPT.1 The proposed rule was published in the Federal Register on October 8, 2026, and DHS is accepting public comments through November 9, 2026.2 It is a proposal, not a final rule.
What DHS Is Proposing
Today, eligible F-1 students may receive up to 12 months of OPT at each degree level, plus a 24-month extension for degrees in science, technology, engineering, or mathematics (STEM).3 The proposal would leave that structure in place and add a fee to each step:
- $70,000 for the first OPT. The fee applies the first time a school recommends a student for any type of OPT, whether during studies (pre-completion) or after graduation (post-completion).4
- $30,000 for each later OPT. This includes post-completion OPT after pre-completion OPT, and the 24-month STEM extension.5
- The school pays, but the cost may not stay there. The school must pay before its designated school official (DSO) can recommend the student for OPT, and U.S. Citizenship and Immigration Services (USCIS) would not grant work authorization without payment. DHS acknowledges that schools may pass the cost on to students or employers, and the proposal does not limit how they do so.6
- Changing employers does not trigger a new fee. The fee attaches to the school’s OPT recommendation, not to a particular job.7
- Refunds are narrow. A school may request a discretionary refund only before the student’s work authorization card is issued. After that, the fee is not refundable.8
- It could go higher. DHS is also asking for comment on charging the $70,000 initial fee again at each degree level, for example after a bachelor’s degree and again after a master’s degree.9
DHS says the fees are meant to combat fraud and abuse it has identified in OPT, strengthen oversight, and protect U.S. workers. In the agency’s words, OPT "was never meant to be a back door into the American workforce."10 If the rule is finalized, DHS proposes that it take effect 60 days after the final rule is published.11
What It Could Cost
For a student who uses every step available today, the proposed fees add up quickly:
Illustrative only. A student who uses only post-completion OPT and the STEM extension would face $100,000. Under the alternative DHS is considering, a student who goes on to a master’s degree could face a second $70,000 charge. These amounts are in addition to standard USCIS filing fees.
DHS’s own figures show the scale: about 194,500 students participated in pre- or post-completion OPT in 2024, and about 165,500 more in STEM OPT. DHS estimates that the fees collected would total $8.4 billion to $16.5 billion a year, and it expects schools to become more selective, which would mean fewer students receive OPT at all.12
Part of a Larger Pattern
OPT is usually the bridge to an H-1B, and that bridge is under pressure too. In August 2026, DHS separately proposed a $103,265 fee for H-1B cap-subject petitions.13 The $100,000 H-1B payment under Proclamation 10973 has been extended through September 21, 2027, although a federal court vacated the policy implementing it and the payment is not being collected while the government appeals.14 And employers’ layoff histories are now a factor in H-1B decisions under Executive Order 14431.15 (We discussed these H-1B developments in H-1B Professionals: Where EB-5 Fits When Your Status Depends on Your Employer.)
For a student, the result is a path to a green card that may run through two six-figure costs, each depending on someone else’s decision: the school’s, the employer’s, the H-1B lottery’s, and the courts’.
How EB-5 Fits
EB-5 does not depend on a school recommendation, an employer, or a lottery. It depends on a qualifying investment and a well-documented petition. For families with students in the United States, two features stand out:
- A parent’s investment can cover the student. A spouse and unmarried children under 21 qualify as derivative beneficiaries of the investor’s petition. Many undergraduates are still under 21, so a family investment may cover the student directly. Age rules are technical, and timing matters for a child approaching 21.
- The student can be the investor. A student over 21 may make the investment personally, including with funds gifted by family, as long as the gift and its source are properly documented. (See Can an investor use a gift to fund their EB-5 investment?)
Under current law, the minimum investment is $800,000 in a Targeted Employment Area and $1,050,000 elsewhere. Those amounts are scheduled to increase on January 1, 2027, and new EB-5 filing fees take effect on November 30, 2026. (See Starting EB-5 This Fall and USCIS Finalizes New EB-5 Fees.)
Final Word
The OPT fee is a proposal. It may change after public comment, and it may be challenged in court. But it adds to a clear trend: the employer-based path after graduation is becoming more expensive and less predictable. EB-5 is not a quick fix, and it is not right for every family. For families who have the means and want a path that depends mainly on their own investment and preparation, it is worth a careful look now, with the same priorities as always: thorough source and path of funds documentation, careful project diligence, and a petition that stands on its own when it is filed.
If you have questions about the EB-5 program, contact our Investor Relations Team to learn more or to discuss your options with an experienced advisor.
This article is provided for informational purposes only and reflects conditions as of October 2026. It does not constitute legal advice. Immigration timelines and program details are subject to change. Please consult a qualified immigration attorney for advice specific to your circumstances.
1. Department of Homeland Security, Office of Public Affairs, DHS Proposes Fees for Foreign Student Work Program to Protect American Jobs (October 7, 2026), https://www.dhs.gov/news/2026/10/07/dhs-proposes-fees-foreign-student-work-program-protect-american-jobs.
2. Department of Homeland Security, Optional Practical Training Fees, Proposed Rule, 91 Federal Register 64566 (October 8, 2026), DHS Docket Number ICEB-2026-0100, https://www.federalregister.gov/d/2026-20660. Comments on the information collection under the Paperwork Reduction Act are due December 7, 2026.
3. 8 Code of Federal Regulations 214.2(f)(10)–(11).
4. 91 Federal Register 64576–64577; proposed 8 Code of Federal Regulations 214.13(i)(1).
5. 91 Federal Register 64577; proposed 8 Code of Federal Regulations 214.13(i)(2).
6. 91 Federal Register 64575, 64577; proposed 8 Code of Federal Regulations 214.2(f)(11)(ii)–(iii).
7. 91 Federal Register 64577.
8. 91 Federal Register 64577; proposed 8 Code of Federal Regulations 214.13(i)(1)–(2).
9. 91 Federal Register 64577.
10. Department of Homeland Security, DHS Proposes Fees for Foreign Student Work Program to Protect American Jobs (October 7, 2026).
11. 91 Federal Register 64577; proposed 8 Code of Federal Regulations 214.13(i)(3).
12. 91 Federal Register 64573–64574, 64583.
13. Department of Homeland Security, Fee for Certain H-1B Petitions, Proposed Rule, 91 Federal Register 54817 (August 25, 2026), https://www.federalregister.gov/d/2026-17324.
14. Proclamation 11069, Restriction on Entry of Certain Nonimmigrant Workers, 91 Federal Register 60497 (September 23, 2026), https://www.federalregister.gov/d/2026-19554 (extending Proclamation 10973, 90 Federal Register 46027 (September 24, 2025)); State of California v. Mullin, Civil Case Number 1:25-cv-13829-LTS (United States District Court for the District of Massachusetts, June 8, 2026); State of California v. Mullin, Case Number 26-1699 (United States Court of Appeals for the First Circuit, July 24, 2026).
15. Executive Order 14431, Enhancing Program Integrity and Interagency Coordination in the Administration of the H-1B Nonimmigrant Visa Program, 91 Federal Register 60501 (September 23, 2026), https://www.federalregister.gov/d/2026-19555.
