OPT $100K Fee? What We Know About the New OPT Fee Proposal

After a wave of changes and increased scrutiny surrounding H-1B, OPT is now back in the spotlight. The latest headline is hard to ignore: Could applying for Optional Practical Training soon cost $100,000?

The concern is not coming out of nowhere. The Department of Homeland Security (DHS) is moving forward with a proposed rule titled “Optional Practical Training Fees,” and the proposal has now completed review by the White House Office of Information and Regulatory Affairs (OIRA).  

But before anyone panics over the OPT $100K fee, there is an important distinction to make: DHS has not published the proposed rule, and the $100,000 figure has not been officially confirmed. So what has actually happened? Where did the $100,000 figure come from? And what should F-1 students and employers be watching next?

Where Does the OPT Fee Proposal Stand?

The proposal is moving forward, but no new OPT fee has taken effect. Here is what we know so far:

• August 20, 2026: DHS/ICE submitted the proposed rule, titled Optional Practical Training Fees, to OIRA for review.

• September 11, 2026: OIRA completed its review of the proposal.

• Now: The proposal remains at the proposed-rule stage, and the full text has not yet been released.

• Next: DHS is expected to publish the proposed rule in the Federal Register, which would give the public its first look at the actual proposal and open the rule to public comment.  

In short: the proposal has cleared an important regulatory checkpoint, but the rule is not final—and it is not in effect.

Is the OPT $100K Fee Real?

Not as an official fee—at least not yet.

Media reports have raised the possibility that DHS could consider charging as much as $100,000 for an F-1 OPT application. That number has understandably drawn significant attention.

But two separate facts need to be kept straight:

• What is confirmed: DHS is developing a new rule concerning OPT fees, and the proposal has completed OIRA review.

• What is not confirmed: DHS has not publicly announced a $100,000 OPT application fee. Until the proposed rule is published, we do not know:

  • How much the proposed fee would actually be;

  • Who would be responsible for paying it;

  • Whether it would apply to regular OPT, STEM OPT, or both;

  • Whether current OPT participants or pending applications would be affected; or

  • How and when any new fee structure would take effect.  

So headlines saying the OPT $100K fee is already happening are getting ahead of the rulemaking process.

Why Would an OPT Fee Change Matter?

Because OPT is much more than an immigration filing for many international students. For eligible F-1 students, OPT provides up to 12 months of employment authorization related to their field of study. Certain graduates in qualifying STEM fields may be eligible for an additional 24-month STEM OPT extension.

That makes OPT a major bridge between U.S. universities and the American workforce. A significant increase in OPT costs could therefore reach beyond individual students. Depending on how a final rule is structured, it could affect international student recruitment, employer hiring decisions, workforce planning, and the path from F-1 status to longer-term employment sponsorship.

If the fee ultimately comes anywhere close to the figures being reported, the biggest question may not simply be “Who pays?” It may be whether the economics of hiring and retaining international graduates change altogether.

What Happens Next?

OIRA review is an important step, but it does not make a proposed rule law. Several steps would generally still need to occur:

• Federal Register Publication: DHS publishes the proposed rule and its actual language.

• Public Comment Period: Individuals, employers, universities, organizations, and other stakeholders have an opportunity to submit comments.

• Final Rule: DHS reviews the comments and determines whether and how to move forward with a final regulation.

• Effective Date: If a final rule is issued, it will specify when the new requirements take effect.

The next major development to watch is therefore publication in the Federal Register. That is when we should finally learn whether the reported $100,000 figure appears in the actual proposal—and, just as importantly, who would pay it and which OPT applications would be covered.

What Should F-1 Students and Employers Do Now?

For now, keep following the current rules.

There is no new $100,000 OPT fee in effect today, and students should not change or abandon their OPT plans based solely on headlines or social media reports. That said, students approaching graduation and employers that regularly hire F-1 graduates should watch this rulemaking closely.

Once the proposed rule is released, several details will matter immediately: the proposed fee amount, who bears the cost, whether STEM OPT is included, whether there are transition provisions, and when any change could begin affecting new or pending applications.

For students already thinking beyond OPT to H-1B or another employment-based status, the proposal may also become another factor in longer-term immigration planning.

ILS Takeaway

There is a lot of noise around the OPT $100K fee, but the distinction right now is simple:

• What has happened: The OPT fee proposal has completed White House regulatory review.

• What has not happened: DHS has not published the proposed rule, confirmed a $100,000 fee, or put any new OPT fee into effect.

The next document—not the next headline—is what matters. ILS will continue monitoring the rulemaking process. Once DHS releases the proposed rule, we will provide further analysis on the proposed fee, who may be affected, the timeline, and what it could mean for F-1 students and U.S. employers.

If you are planning for OPT, STEM OPT, H-1B, or another U.S. employment-based immigration pathway, please contact the ILS Immigration Team at immgrationlaw@consultils.com.

Disclaimer: Given the rapid changes in immigration policies, it is advisable for enterprises to pay close attention to official updates and consult professional immigration lawyers for the latest guidance. Our firm will continue to track policy developments and provide clients with timely and accurate professional services.

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As Partner and Head of Immigration at ILS, Anna advises global employers on all aspects of U.S. business immigration. She helps companies recruit and retain executives and highly skilled professionals essential to their U.S. operations, with experience spanning industries from autonomous driving and biotech, to entertainment, logistics, and manufacturing.

Previously, Anna practiced at leading global law firms and served as in-house counsel and compliance manager in the telecommunications, finance, and gaming industries. This diverse background equips her with practical, cross-industry insights that inform strategic, business-focused immigration solutions.

Email: contact@consultils.com | Phone: 626-344-8949