Quick answer: On October 8, 2026, DHS published a proposed rule that would make schools pay $70,000 before recommending a student’s first period of OPT and $30,000 before any later recommendation, including the 24-month STEM OPT extension. That is up to $100,000 per student. Schools could pass the cost on to students or employers. It is only a proposal. Nothing has changed yet, and current OPT and STEM OPT rules still apply.
Key takeaways
- The proposal is not in effect. It needs a final rule first, and legal challenges are widely expected.
- The fees would be paid by SEVP-certified schools, which could pass them on.
- Students already in OPT, already approved or already recommended before a final rule takes effect would not be covered.
- A current OPT holder who later asks for STEM OPT after the effective date would be covered by the $30,000 fee.
- General public comments are due November 9, 2026.
What the proposal says
| Item | Proposed rule |
|---|---|
| Initial OPT recommendation | $70,000, whether pre-completion or post-completion OPT |
| Later recommendations | $30,000, including the 24-month STEM OPT extension |
| Who pays | The school, before the DSO enters the recommendation in SEVIS |
| Passing on the cost | Schools may pass it to F-1 students, all students or employers |
| Refunds | Possible if the student never receives an EAD, but not after the EAD is issued |
| Timing | A final rule would include a 60-day period before the fee applies |
Who would be covered
The fee would apply to recommendations made on or after the final rule’s effective date, whether the student entered F-1 status from abroad or changed status inside the U.S. Students who are already on OPT, already approved or already recommended before that date would not be covered. A STEM OPT request made after the effective date would be.
Why DHS says it wants the fees
DHS points to fraud concerns in the OPT program, protecting U.S. workers and pushing schools to recommend only the most promising students. Critics note that the fees would go to the U.S. Treasury as general receipts, not to fraud prevention.
DHS’s own analysis estimates that OPT participation could fall by as much as 56% in its low scenario, and puts the cost to the U.S. economy at about $40 billion over 10 years in its primary estimate.
Comment deadlines
- General comments: November 9, 2026, on the Optional Practical Training Fees page at regulations.gov.
- Paperwork Reduction Act comments: December 7, 2026.
What this could mean for Korean company jobs
Many Korean plants and offices in the U.S. hire recent graduates on OPT and STEM OPT for engineering, quality and supply chain roles. If a final rule passes in this form, fewer students may use OPT, and some employers may be asked to share the cost. Companies that rely on OPT hires may lean more on H-1B planning or on candidates who already have work authorization.
What I would do now
- Students: keep following current rules and talk to your DSO about your timeline. Do not make big decisions based on a proposal alone.
- Graduating soon: know your OPT application window, which opens 90 days before your program end date.
- Employers: review which roles depend on OPT hires and how H-1B or other visas fit your plans. See visa sponsorship at Korean companies.
For the basics, read our OPT and STEM OPT guide.
FAQ
Is the $100,000 OPT fee in effect now?
No. It is a proposed rule published October 8, 2026. It only takes effect if DHS publishes a final rule.
Will students have to pay it?
The school pays it, but the proposal lets schools pass the cost to students or employers. How each school handles it is not known yet.
Is this the same as the $100,000 H-1B fee?
No. That is a separate H-1B measure. This proposal covers OPT recommendations for F-1 students.
This guide is general information, not legal advice. Rules change, and your school’s DSO and an immigration attorney should confirm what applies to you.
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