DHS OPT Fee Proposal Clears White House Review, Paving Way for Publication

Updated: 3 minutes ago
WASHINGTON, September 14, 2026 — A Department of Homeland Security proposal to impose new fees on F-1 Optional Practical Training (OPT) applications has cleared review at the Office of Management and Budget, clearing the way for the rule to be published in the Federal Register.
The OMB completed its review of the proposed regulation, which was submitted for clearance on August 20, 2026. The proposal was notably absent from DHS's regulatory agenda released in early July, suggesting it was fast-tracked through the internal review process.
What Happens Next
Step | Status |
OMB Review | Completed |
Federal Register Publication | Next step |
Public Comment Period | 30 or 60 days |
Final Rule | After comments reviewed |
Effective Date | Specified in final rule |
The exact fee amounts will remain unknown until the proposal is formally published. However, the rule is widely expected to introduce substantial charges on OPT employment authorization, building on earlier signals from the administration that post-graduation work authorization would face new costs.
Why This Matters
OPT is the primary bridge between F-1 student status and long-term work authorization in the United States. It allows international graduates to work in their field of study for 12 months, with an additional 24-month extension available for certain STEM graduates — a combined 36 months of work authorization.
For many international students, OPT is also the stepping stone to H-1B sponsorship. Employers use the OPT period to evaluate graduates before deciding whether to file a cap-subject H-1B petition on their behalf.
At present, OPT applicants pay a standard I-765 employment authorization fee of $470 (or$410 online). Reports in recent months have suggested the administration was considering an OPT charge as high as $100,000, though no figure has been confirmed in any official filing.
The proposed rule arrives alongside a parallel DHS proposal to add a $103,265 fee on all H-1B cap-subject petitions, which was published in the Federal Register on August 25, 2026 with a 30-day comment window.
The Bigger Picture: Fee Increases Across the Board
This OPT proposal is one component of a broader pattern of cost increases across the legal immigration system in 2026:
Proposal | Amount | Status |
H-1B cap-subject petition fee | $103,265 | Published Aug 25, 2026 |
OPT employment authorization fee | Not yet disclosed | OMB review complete |
9-11 Response Fee expansion | $4,000 (H-1B) / $4,500 (L-1) | Final rule effective Sept 2026 |
Permanent residence (Japan comparison) | ÂĄ200,000 | Effective Oct 1, 2026 |
Impact on International Students and Employers
For students, an OPT fee — particularly if set at a high level — would fundamentally alter the economics of staying in the United States after graduation. Many graduates on OPT earn modest starting salaries, and a five- or six-figure fee would place post-graduation work authorization beyond reach for all but the highest earners.
For employers, the change could narrow the talent pipeline. Companies that rely on OPT as a low-friction hiring channel before committing to H-1B sponsorship would need to reconsider recruitment timelines and budgets. Smaller employers and startups, which already struggle with sponsorship costs, would be disproportionately affected.
Key Dates
Date | Event |
July 2026 | DHS regulatory agenda released (OPT fee absent) |
August 20, 2026 | Proposal sent to OMB for review |
September 2026 | OMB review completed |
TBD | Publication in Federal Register |
TBD | Public comment period (30–60 days) |
TBD | Final rule and implementation date |
read Also
Official Resources
Resource | Link |
Federal Register | |
Regulations.gov – Comment Portal | |
USCIS – OPT Information | |
OMB – Regulatory Review Dashboard |
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