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OPTPOLICY BRIEF

Proposed OPT Fees: $70,000 Initially, $30,000 Subsequently

Current status
Proposed ruleComments through November 9
In effect?
Not in effectSchools would pay first
Community score
Last checked
ET

On October 8 formally proposed that before a recommends OPT in , the school must pay the government a fee for each student: $70,000 the first time and $30,000 each time after. Pre-completion OPT, post-completion OPT and STEM extensions all count. The school pays the government, but it can have the student or employer cover the cost. Public comments close November 9, and nothing is charged until a takes effect.

Who is affected
F-1 students planning to apply for OPT (before graduation, after graduation or a STEM extension), their schools and employers. Prospective students choosing schools should also watch: schools may handle this cost very differently.
Keep in mind
The school pays the fee; each school decides whether it, the student or the employer ultimately covers it.
Next to watch
2026-11-09 · Public comments on the rule close; online comments must be in by 11:59 p.m. Eastern Time.

Policy background

00 / BACKGROUND

Today, applying for OPT works like this: your school’s first recommends you in and gives you an updated ; you then file Form with USCIS for an work permit. This proposal adds a fee before the first step.

sent the fee rule ( 1653-AB01) to for review on August 20, 2026; review finished, with changes, on September 11. The proposal was published October 8 (document 2026-20660, 91 FR 64566, ICEB-2026-0100), setting the amounts at $70,000 the first time and $30,000 each time after.

How it would work: only after the school pays can the recommend you and USCIS approve your OPT work permit. The school can have the student or employer cover the cost. Every type of OPT is charged; CPT is not; and simply changing employers during OPT does not trigger another fee.

When it would start: 60 days after the is published. The first OPT recommendation after that date costs $70,000, even for a student who has used OPT before; once that is paid, each later recommendation costs $30,000. EADs already issued stay valid.

Refunds: before OPT or an extension is approved, the school can withdraw the recommendation and ask for a refund, which decides case by case; after approval there is no refund, and a denied refund cannot be appealed.

Two deadlines: comments on the rule itself close November 9; the proposal also creates new forms and data collection, which under the Paperwork Reduction Act (PRA) get their own , closing December 7.

Submit a public comment on Regulations.gov ↗

Potential impact

01 / IMPACT
OUR TAKE · ANALYSIS

Your first job after graduation may hinge on whether your school pays this fee.

The proposal has schools pay the government, and schools can pass the cost to students or employers. So the effect starts before the recommendation: whether the school is willing to pay, whether the student can afford it, and whether the employer will share it decide whether the recommendation goes through. Do the math: one post-completion OPT plus one STEM extension means $70,000 plus $30,000, or $100,000 in total.

For students: it depends on whether your school pays

The school pays $70,000 first. If the school passes it on, the student needs the money before the recommends OPT; if the school covers it, the student pays less or nothing.

Example 1 · Hypothetical

Lin has a full-time offer after graduation. If the adopts this mechanism, the school must first pay $70,000 for his OPT recommendation. It may pay itself or ask Lin or the employer for the money; until the money is arranged, the recommendation cannot go through.

Example 2 · Hypothetical

Zhou is comparing U.S. master’s programs. If the rule takes effect, whether a school funds OPT and how it splits the cost between students and employers will directly affect the cost of working after graduation.

For schools and employers: the money comes before the recommendation

The school pays the government; only then can the recommend and USCIS approve. Whether and how much the employer contributes is for the school and employer to work out.

For example · Hypothetical

A small company has budgeted Chen’s salary. If the school asks the employer to cover the $70,000 first-time OPT fee, the company has to rework its budget and may delay the offer or negotiate a split with the school.

For later OPT: a STEM extension depends on whether you paid the first fee

Each later OPT recommendation, including a STEM extension, costs $30,000 only if the student has already paid the $70,000 first fee. Otherwise the first recommendation after the rule starts costs $70,000.

For example · Hypothetical

Wang started post-completion OPT before the rule took effect and never paid a fee. When he applies for a STEM extension after the rule starts, that is his first recommendation under the rule, so it costs $70,000, not $30,000.

Outlook

02 / OUTLOOK

Two things to watch: whether the amounts, payment method and transition change after the , and how each school decides who pays.

What happens in each case?

Pick a situation to see what it would mean for you. The three are side-by-side possibilities, in no particular order.

IF THIS HAPPENS A · Current proposal implemented

Whether schools pay decides who can use OPT

Assumption: The keeps $70,000 first and $30,000 after, with schools paying up front.

Potential effects in this scenario
Schools decide whether to pay and where the money comes from; in the end the school, the student or the employer pays. Well-funded schools and better-off students will have an easier time.
Signals to watch
Whether the final text keeps the amounts and the pay-before-recommendation step, and the funding policies schools announce afterward.

These scenarios are our analysis and get updated as new documents come out.

What would change this analysis?
Who pays the government, who covers it
The school pays the government; it can pass the cost to the student or the employer.
Which OPT
Pre-completion OPT, post-completion OPT and STEM extensions are all charged; CPT is not; changing employers during OPT is not.
When it starts
New recommendations from 60 days after the is published; students who never paid the first fee pay $70,000 first.

Progress

03 / Federal rulemaking

published the proposal on October 8: schools would pay $70,000 the first time and $30,000 each time after, before an OPT recommendation. Public comments on the rule run until November 9.

Currently waiting for

Rule comments close November 9 and forms comments December 7; then decides the final text.

In progress · Public comment

Anyone can comment before the deadline, and the agency must read and respond. Current rules still apply after this step.

Key dates

04 / TIMELINE
  1. The fee rule ( 1653-AB01) went to for review.

  2. finished review and cleared the proposal with changes.

  3. The proposal was published: schools pay $70,000 first and $30,000 each time after; rule comments close November 9, comments on forms and data collection (PRA) December 7.

Sources

05 / SOURCES

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