Here’s what just happened: on October 7, 2026, DHS dropped a proposed rule that would slap new fees on F-1 students applying for OPT work authorization. Their stated reason? Cutting down on “cheap labor” and protecting jobs for American workers. We’ll let you draw your own conclusions on that one. What matters is this didn’t happen in isolation — higher education groups just sued ICE over new CPT restrictions, and a separate lawsuit is challenging USCIS policies on adjustment of status. Three moves, same direction: things are tightening up for international students and the employers who sponsor them. If you’re an F-1 student, or a business that hires them, don’t wait on this. Review your options now. Protect your rights — we handle the rest.
Background: What This Means
Quick refresher on OPT: it lets F-1 students work in a job tied to their field of study, either before or after graduation. For a lot of students, OPT — especially the STEM extension — is the bridge to a longer-term visa like the H-1B. That bridge just got more expensive, at least on paper. Under the rule DHS published in the Federal Register on October 7, 2026, students would owe a brand-new fee for OPT applications, stacked on top of the existing Form I-765 filing fee. Nobody knows the exact number yet — DHS hadn’t set a final amount as of October 8, 2026. And here’s the part people forget: this isn’t law yet. The rule still has to clear a public comment period under the Administrative Procedure Act before it’s final. Want to see it for yourself? Pull up the Federal Register website. For updates on the comment period or a final decision, check USCIS.gov regularly.
How This Affects F-1 Students and Employers
If the proposed fee becomes final, F-1 students applying for OPT, including the 24-month STEM OPT extension, would likely pay more than they do today. Students who already filed before the rule takes effect would generally not be affected by the new fee, but this depends on the rule’s final effective date and any transition provisions DHS includes.
Employers who hire F-1 students on OPT may also feel the impact. Higher fees and more paperwork can slow down hiring timelines or discourage some employers from sponsoring students at all. Companies that plan to later sponsor an OPT employee for an H-1B specialty occupation visa should watch this rule closely, since delays or new fees at the OPT stage can affect the overall timeline for long-term work authorization.
Students currently in CPT or considering it should also watch the ICE lawsuit outcome. If a court blocks or narrows the new CPT restrictions, rules could change again before the semester ends. Meanwhile, students who already have a pending adjustment of status application, perhaps through a family member’s petition, should pay attention to the second lawsuit, since it could affect processing times or eligibility standards.
What You Should Do Now
- Check your OPT or STEM OPT deadlines. If you are eligible to file now, filing before any new fee takes effect may save you money and avoid delay.
- Talk to your Designated School Official (DSO). Your school’s international student office tracks changes to CPT and OPT rules and can confirm your individual timeline.
- Keep copies of all filings and receipts. If rules change mid-process, having clear records helps show what rules applied when you filed.
- Watch for the official comment period. Students, schools, and employers can submit public comments on the proposed rule through the Federal Register before it closes.
- Review your long-term immigration plan. If you hope to move from OPT to an employer-sponsored visa, or to a family-based green card through a relative, it may help to map out your timeline now rather than waiting for the rule to finalize.
- Consult an immigration attorney before making decisions based on rumors or social media posts, since proposed rules often change before they take effect.
How TEZ Law Firm Can Help
TEZ Law Firm advises F-1 students, DSOs, and employers on OPT, STEM OPT, and CPT filings, and can help you understand how the proposed DHS fee rule and the pending lawsuits may affect your specific situation. The firm also assists employers with employment-based visa planning for international graduates moving from OPT toward H-1B or other long-term work status. For students facing immigration court issues or status questions tied to the pending litigation, TEZ Law Firm’s removal proceedings and immigration court team can review your case and explain your options.
Frequently Asked Questions
Has DHS set a final fee amount for OPT applications?
As of October 8, 2026, DHS has only proposed the rule. No final fee amount has been published. The rule must go through a public comment period and a final publication in the Federal Register before any new fee takes effect.
Will current OPT applications be affected by the new fee?
Applications filed before the rule becomes final generally follow the fee schedule in place at the time of filing. However, this depends on the transition language DHS includes in the final rule, so students should check USCIS.gov for updates before filing.
What is the lawsuit against ICE about CPT restrictions?
Higher education groups sued ICE after the agency introduced new restrictions on Curricular Practical Training, which lets F-1 students work with employers while still enrolled. The lawsuit argues the restrictions were issued without proper process or exceed ICE’s authority. The case is pending in federal court as of October 8, 2026.
Does the adjustment-of-status lawsuit affect OPT students directly?
Not all OPT students have a pending adjustment of status case. The lawsuit mainly affects applicants seeking to change from a nonimmigrant status, like F-1, to lawful permanent resident status. Students who also have a pending green card application, often through a family member or employer, should monitor this case closely.
Should I file my OPT application now or wait?
Many students benefit from filing as soon as they are eligible, since current fees and rules still apply until DHS finalizes the new rule. An immigration attorney can review your specific timeline and help you decide whether waiting makes sense for your situation.
Immigration rules for F-1 students are changing quickly, and the proposed OPT fee is only one piece of a larger set of policy shifts this fall. If you have questions about OPT, CPT, or how these changes might affect your path to a longer-term visa or green card, you can schedule a consultation with TEZ Law Firm to discuss your situation and next steps.
This article is general information, not legal advice, and reading it does not create an attorney-client relationship. Laws and agency practices change; contact TEZ Law Firm at 626-678-8677 or [email protected] about your situation. Prior results do not guarantee a similar outcome.