Here’s what just happened: On October 8, 2026, DHS dropped a proposed rule that could hit international students hard — right in the wallet, right when they’re trying to start their careers. The target is OPT and the STEM OPT extension, the programs that let F-1 students actually use their degree and work in the U.S. after graduation. The number being floated? Up to $100,000 in combined fees for some students. That’s not a typo. Below, we break down what the rule actually says, who gets caught in the crossfire, and what students and employers need to do right now — not next month.
Background: What This Means
Quick refresher. OPT gives F-1 students up to 12 months of work authorization after they finish their degree. If you’re in a STEM field, you can tack on another 24 months through the STEM OPT extension. Add it up, and that’s three years of work tied to a student visa. Three years a lot of students and employers count on.
DHS published this proposed rule — “Optional Practical Training Fees” — in the Federal Register on October 8, 2026. Here’s the twist: the agency says it’s not changing who qualifies or what work is allowed. Sounds harmless, right? But dig into the details, and the rule proposes brand-new, separate fees for the initial OPT application and the STEM extension. Stack those on top of existing filing fees, employer costs, and new per-employee charges, and you’re looking at a total cost of roughly $100,000 over the full work authorization period — at least based on the numbers in the proposed rule as of October 15, 2026. That’s the kind of price tag that changes decisions. For students. For employers. For everyone involved.
This is a proposed rule, not a final rule. Under federal rulemaking procedure, DHS must open a public comment period before any final version takes effect. As of October 15, 2026, no effective date has been set, and the fee amounts described in the proposal could change before a final rule is published. Readers should check the USCIS website and the Federal Register for updates on the comment period and any final rule.
How This Affects F-1 Students, Universities, and Employers
If finalized as proposed, the rule would affect several groups:
F-1 students: Students nearing graduation who plan to apply for OPT or the STEM extension may face significantly higher costs than under current USCIS fee schedules. This could affect decisions about which degree programs to pursue and whether to remain in the United States after graduation.
Universities and Designated School Officials (DSOs): Schools that certify Form I-20 for OPT applicants may see more questions from students about cost and timing. DSOs may need to update guidance materials once a final rule is published.
Employers: Companies that hire F-1 OPT or STEM OPT workers, particularly in technology, engineering, and research fields, may need to budget for new employer-side fees if the rule is finalized. Employers who later wish to sponsor these workers for longer-term status, such as an H-1B specialty occupation visa, may want to plan sponsorship timelines around this added cost and uncertainty.
Because the rule is still in the proposal stage, no one currently holding or applying for OPT needs to pay the higher fees described in news coverage. Current USCIS fee schedules remain in effect as of October 15, 2026.
What You Should Do Now
- Do not panic or rush a filing. The proposed fees are not in effect yet, and current OPT rules and fees still apply.
- Track the comment period. DHS is required to accept public comments before finalizing the rule. Students, schools, and employers can review and submit comments through the Federal Register docket.
- Review your OPT timeline. If you are close to your OPT or STEM extension application window, confirm current deadlines with your DSO and consider whether to file under existing rules before any new fee rule becomes final.
- Talk to your employer early. If your employer plans to sponsor you for a longer-term visa, such as an H-1B or another employment-based visa, ask about timing now, since future costs may factor into sponsorship decisions.
- Consider your long-term immigration goals. Students who may qualify for a green card path, such as the EB-2 category or a National Interest Waiver, may want to review those options with an attorney rather than relying only on OPT extensions. Learn more about the EB-2 and National Interest Waiver process.
How TEZ Law Firm Can Help
TEZ Law Firm reviews F-1 student timelines, OPT and STEM OPT filings, and employer sponsorship plans to help clients understand how proposed federal rules may affect their situation. The firm can help students and employers track the DHS rulemaking process and plan for possible fee changes before deadlines arrive. TEZ Law Firm also assists clients who are considering a transition from student status to an employment-based visa or other long-term immigration option.
Frequently Asked Questions
Is the $100,000 OPT fee rule final?
No. As of October 15, 2026, DHS has only published a proposed rule. The rule must go through a public comment period, and DHS may adjust the fee amounts before issuing a final rule. Current OPT and STEM OPT fees remain in place until a final rule takes effect.
Does the proposed rule change who qualifies for OPT?
No. DHS has stated the proposed rule does not change current work authorization rules or eligibility requirements for OPT or the STEM extension. The proposal only addresses new fees tied to these programs.
Who would pay the new fees if the rule becomes final?
Based on the proposal published on October 8, 2026, fees could apply to the student, the employer, or both, depending on the type of filing. The exact fee structure has not been finalized, so the final allocation of costs is not yet confirmed.
When could the new fees take effect?
There is no confirmed effective date as of October 15, 2026. DHS must first complete the public comment period and review feedback before publishing a final rule with an effective date.
Should I still apply for OPT or STEM OPT right now?
Students who are currently eligible can generally still apply under existing USCIS fee schedules. Speaking with an attorney or your Designated School Official can help you confirm your specific deadlines and options before any new rule takes effect.
If you are an F-1 student, university administrator, or employer trying to understand how this proposed OPT fee rule could affect your plans, TEZ Law Firm can help you review your options and prepare for possible changes. Contact TEZ Law Firm today to schedule a consultation and discuss your situation with the firm.
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 (West Covina, California) at 626-678-8677 or [email protected] about your situation. Prior results do not guarantee a similar outcome.