Nothing has changed
Students can keep applying for OPT and STEM OPT under today’s rules.
It’s only a proposal
DHS must review public comments before deciding anything, and it may change or drop the idea.
Current OPT is protected
Students already on OPT, approved, or recommended before any final rule would not pay for that OPT.
Your voice counts
Anyone, including students, can comment until November 9, 2026.
THE BASICS
Does anything change for students right now?
No: Nothing changes today. OPT and STEM OPT remain fully available under the current rules, and students can keep applying as usual. A proposed rule has no effect unless DHS later issues a final rule, and even then it would start no sooner than 60 days afterward.
What has DHS proposed?
On October 8, 2026, the Department of Homeland Security (DHS) published a proposed rule that would ask U.S. colleges and universities to pay a fee when they recommend an F-1 student for Optional Practical Training (OPT). DHS says its goal is to reduce fraud in the program and protect U.S. workers.
You can read the full proposal on the Federal Register (Docket No. ICEB-2026-0100).
Is this final? Will it definitely happen?
Not Final: This is a proposal, and proposals often change. DHS must first collect and review public comments, then decide whether to move forward. There is no set date for a decision.
There are also good reasons to believe this proposal will face strong challenges. Earlier this year, a federal court struck down a similar fee on H-1B work visas, finding that it worked like a tax that only Congress can impose. That case is still on appeal and courts have not all agreed, but if this rule is finalized, we expect it to be challenged in court as well.
YOUR SITUATION
Would the fee apply to me?
For many students, the answer is no. Even if a final rule is issued, it would apply only to OPT recommendations dated on or after the rule’s effective date.
Would not be affected
Students already working on approved OPT
Students approved for OPT before the effective date
Students whose school recommended them for OPT before the effective date
Could be affected
Students who receive a new OPT recommendation, including for the STEM extension, on or after a final rule's effective date
No final rule exists today, so no effective date has been set.
What would stay the same?
The proposal would add a fee for schools. Everything else about OPT stays the same:
How long OPT lasts: up to 12 months at each degree level, plus 24 months for eligible STEM graduates
Who is eligible for OPT and STEM OPT
How to apply: your school's recommendation, then your Form I-765 application to USCIS
Curricular Practical Training (CPT), which the proposal does not cover
I’m on OPT now and plan to apply for the STEM extension. What should I know?
Your current OPT is not affected. If a final rule is ever issued, a fee could apply to a STEM extension recommended on or after its effective date. Because timing matters, it’s a good idea to talk with your school’s international student office about your plans. They can help you understand your timeline.
Should I change my study or career plans?
Keep moving forward. A U.S. degree remains one of the most valuable investments you can make, and OPT is still available. Nothing has changed today, and this proposal may change or never take effect.
The most helpful next step is a conversation with your school’s international student office or your Shorelight team about your OPT timeline. This page is general information, not legal advice. For questions about your own case, speak with your Designated School Official (DSO) or an immigration attorney.
ABOUT THE PROPOSED FEE
How much is the proposed fee, and who would pay it?
Under the proposal, the fee would be paid by the school, not charged to students by the government. The school would pay $70,000 before recommending a student for OPT for the first time, and $30,000 for each later OPT period, such as the STEM extension.
The proposal doesn’t say how schools must cover the cost. DHS notes that schools could choose to pass some of it on to students or employers, but each school would make its own decision. If a final rule is ever issued, your school’s international office will be the best source for how it plans to handle the fee.
Would changing employers trigger a new fee?
No: The fee would be tied to the school’s OPT recommendation, not to a particular job. Students could change employers during an approved OPT period without any new fee.
What if a student’s OPT application isn’t approved?
The school could ask for a refund if the student never receives an Employment Authorization Document (EAD) for that OPT. Refunds would not be available after the EAD is issued, and the Student and Exchange Visitor Program (SEVP) would decide each request.
Where would the money go?
To the U.S. Treasury’s general fund. The proposal states that the fees would not go to ICE or be set aside for the student program.
What if I earn another degree, like a master’s after my bachelor’s?
Under the main proposal, the higher fee would apply only once, to a student’s first OPT. DHS has also invited comments on an alternative that would apply the higher fee again at each new degree level. This alternative is not part of the main proposal, and public comments, including yours, can help shape what DHS decides.
WHAT’S NEXT
What happens next?
Oct 8th, 2026
Description
Proposed rule published in the Federal Register
Nov 9th, 2026
Description
Public comment period closes (11:59 p.m. Eastern)
No set date
Description
DHS reviews comments and decides whether to move forward, possibly with changes
+60 days
Description
Any final rule would take effect no sooner than 60 days after it is published
Legal challenges could also delay or stop a final rule. We will keep this information updated at every step.
Can I share my views? How do I comment?
Yes: Anyone can comment, including international students. Personal stories about what OPT means for your education, career, and decision to study in the U.S. are exactly the kind of input that can make a difference.
How to comment: Go to regulations.gov, search for ICEB-2026-0100, open the proposed rule, and select “Comment.” Comments must be in English (or include an English translation) and be submitted by 11:59 p.m. Eastern on November 9th, 2026.
A quick tip: Comments are published online, including any personal details you include, so share only what you are comfortable making public.
Read the proposal and comment: federalregister.gov
I’m a consultant. What should I tell students and families?
Students will look to you for calm, accurate guidance. A few points to share:
Nothing has changed today. OPT and STEM OPT are fully available, and students can apply and enroll with confidence.
This is a proposal. It may change, may not be finalized, and is likely to face legal challenges.
Current OPT is protected. Students already on OPT, approved, or recommended before any final rule would not pay for that OPT.
The value of a U.S. degree hasn't changed. U.S. universities remain among the best in the world.
Please avoid estimating costs for individual students. Each school would decide how to handle any fee, and nothing is final. Feel free to share this FAQ, and reach out to your Shorelight contact with any questions.
How is Shorelight helping?
We are in your corner. Shorelight is submitting formal comments opposing the proposed fee rule, hosting webinars with expert panels, and keeping this information up to date as things progress. We believe international students strengthen U.S. universities, communities, and the economy, and we will continue to make that case.
Source: U.S. Immigration and Customs Enforcement, Department of Homeland Security, "Optional Practical Training Fees," proposed rule, 91 FR 64566 (October 8, 2026), Docket No. ICEB-2026-0100, RIN 1653-AB01.
This article summarizes a proposed rule and is not legal advice. Details may change if DHS issues a final rule. Last updated October 9, 2026.
