1. The Opt Fee Proposal Has Not Taken Effect
DHS published the proposal on October 8, 2026. It would add school payments tied to OPT recommendations. The proposal itself does not change current application requirements, and a final rule could differ.
Students should follow their existing filing timelines. The proposal does not authorize early applications or extend deadlines. General F-1 student visa requirements remain separate from this proposed payment system.
A school may announce contingency plans while rulemaking continues. Those plans can affect budgeting, but they do not establish a federal effective date. Check whether a notice describes current procedures or preparations for a possible final rule.
2. Current Student Fees and Proposed School Payments
The current OPT application fee pays for the student’s USCIS filing. The proposed school payments would be additional charges, rather than substitutes for that fee.
| Payment | Amount | Payer | Status |
|---|---|---|---|
| Online I-765 for OPT or STEM OPT | $470 | Student | Current |
| Paper I-765 for OPT or STEM OPT | $520 | Student | Current |
| Initial OPT recommendation fee | $70,000 | School | Proposed |
| Subsequent OPT recommendation fee | $30,000 | School | Proposed; conditions apply |
The institutional fees would be separate from the current student filing costs.
Who Would Ultimately Bear the Cost
The proposal acknowledges that schools could transfer the financial burden to students or employers. A school’s duty to pay the government would not necessarily mean the school absorbs the cost.
Before relying on a quoted “OPT fee,” ask who receives it, what it covers, and whether it reflects a current charge or future estimate. Check the USCIS fee schedule before filing. Questions about the I-765 application belong to the employment authorization process.
A school administrative charge and optional premium processing also belong in separate budget lines. Neither should be confused with the proposed institutional payment.
3. Proposed Application to Initial Opt and Stem Opt
The proposal would require school payment before the DSO enters an OPT recommendation in SEVIS. The DSO would confirm payment and issue an I-20 containing the required information.
Stem Opt Would Not Automatically Cost $30,000
The proposed subsequent fee depends on prior OPT participation and payment of the initial $70,000 fee. Existing OPT history alone would not establish eligibility for the lower amount. Students planning an extension should have the school review their recommendation and payment history.
Recommendation Dates Would Determine the Transition
DHS proposes that a final rule take effect 60 days after publication. Its transition provision uses the DSO recommendation date to determine when the new initial fee would apply.
An earlier recommendation would not necessarily exempt a later STEM OPT recommendation. The final rule’s wording and effective date would control.
Keep dated I-20s, USCIS receipts, and school notices together. These records help distinguish a current authorization from a future recommendation.
4. Public Comments and School Planning
General comments are due November 9, 2026, at 11:59 p.m. Eastern Time. Submit them through Regulations.gov under docket ICEB-2026-0100. The separate December 7 deadline concerns information-collection comments.
Comments should identify the provision at issue, explain the requested change, and provide supporting information. English submissions or English translations are required. Comments may become public, including personal information supplied.
For application planning, ask the DSO about:
- Your applicable filing window and recommendation timing.
- Current school charges and written refund terms.
- Any published policy on funding future institutional fees.
Do not treat an anticipated school policy as a confirmed federal requirement.
5. Frequently Asked Questions
Two additional issues concern what would trigger payment and when a school could seek a refund.
Would Changing Employers Trigger Another Proposed Fee
The proposal ties payment to a school recommendation, rather than an employer change. Changing jobs alone would not trigger another proposed fee.
Would a School Automatically Receive a Refund
No. The proposal provides discretionary review of eligible school refund requests and requires removal of the recommendation first. It restricts refunds after issuance of the associated EAD. Government refund provisions would not themselves determine whether a school must reimburse a student.
6. Reviewing Unclear School Instructions before Filing
Individual review may help when a requested payment, recommendation date, or approaching deadline creates uncertainty. Bring the relevant I-20s, receipts, school notices, and payment terms.
An immigration attorney can assess the applicable requirements and identify questions to clarify with the DSO. Immigration compliance review may also address related status or reporting issues.
13 Oct, 2026
