A proposed Department of Homeland Security (DHS) rule, to be published on October 8, 2026, would add a $70,000 fee for initial Optional Practical Training (OPT) employment authorization for an F-1 student and a $30,000 fee for any subsequent grant of OPT. The notice states that the fees would apply for each F-1 student seeking to engage in OPT through certified academic institution under the Student and Exchange Visitor Program (SEVP) administered by U.S. Immigration and Customs Enforcement (ICE).
The Notice of Proposed Rulemaking (NPRM), issued by U.S. Immigration and Customs Enforcement (ICE), states that the proposed OPT fees are intended to combat fraud, strengthen the integrity of the immigration system, and protect U.S. workers.
The proposal has not taken effect. DHS has invited public comments by November 7, 2026.
The NPRM would amend the F-1 practical-training rules administered by U.S. Citizenship and Immigration Services (USCIS). It proposes:
Under existing regulations, eligible F-1 students may participate in OPT that is directly related to their major field of study. Participation requires a recommendation from a designated school official and employment authorization from USCIS.
The proposed amounts would sharply increase the cost associated with OPT if DHS adopts them in a final rule.
The NPRM’s asserted authority may become a central issue in litigation. DHS relies in the NPRM on statutes that grant broad authority to administer the immigration laws and set the conditions of nonimmigrant admission. A challenger in litigation could assert that those provisions do not clearly authorize ICE to impose OPT fees of this magnitude through the SEVP framework.
The proposed fees may also face scrutiny because their practical effect could be to discourage participation in OPT. The NPRM states that the rule seeks to combat fraud, strengthen immigration-system integrity, and protect U.S. workers. Whether the fees are viewed as a program-funded user fee or as a measure intended to suppress use of OPT may become a significant issue if the rule is challenged.
The most important issue may not be the amount of the proposed fees but who pays them and how they are collected. The answers to those questions could shape both stakeholder responses during the comment period and any subsequent litigation.
DHS’s authority to administer OPT has previously survived a significant statutory challenge. In Washington Alliance of Technology Workers v. Department of Homeland Security, opponents argued that OPT exceeded DHS’s authority under the INA. The D.C. Circuit rejected that challenge, and the Supreme Court later declined to review the case. The WashTech case addressed DHS’s authority to create and maintain OPT and STEM OPT under the INA. It did not address such sizable fees or SEVP fee collection authority.
Employers that recruit F-1 graduates and educational institutions that support OPT participation should review the proposal and consider whether to submit comments addressing its legal and practical effects.
For a deeper discussion on the above, please reach out to your Vialto Partners point of contact, or alternatively:
Angelo A. Paparelli
Partner, Vialto Law (US) LLP
Yulina Wang
Manager, Vialto Partners LLP
Peter Koutroubis
Senior Associate, Vialto Law (US) LLP
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