On October 7, 2026, the Department of Homeland Security (DHS) proposed a rule that would require institutions certified to enroll international students to pay $70,000 when they first recommend an F-1 student for Optional Practical Training (OPT) and $30,000 for each subsequent OPT recommendation. DHS frames the fee as a tool against fraud and abuse, a safeguard for system integrity, and a protection for U.S. workers. The proposal is not final: it is subject to public comment and could be changed, delayed, or challenged.
Who pays
The fee would formally be charged to the school, not the student. DHS itself acknowledges, however, that institutions could pass the cost to students, employers, or the broader student body. A university facing $70,000 per recommended student may absorb it, pass some or all of it on, or simply become more selective about whom it recommends. For comparison, students currently pay roughly $500 to apply for OPT, and universities pay no comparable participation fee.
Supporters and critics
DHS argues that some students use fraudulent or questionable employment arrangements to maintain OPT status, that a fee would push schools to scrutinize recommendations more closely, and that affected employers can recruit U.S. citizens or other authorized workers.
Critics counter that the proposal would weaken the country’s ability to attract international students and STEM talent, making U.S. universities less competitive against other destinations at a time when international enrollment already faces significant uncertainty.
The F-1 → OPT → H-1B path is getting less predictable
OPT has long given international graduates time to gain U.S. experience and, often, to pursue H-1B sponsorship. But OPT is not the only link under pressure: the administration has also pursued major H-1B changes, including substantially higher fees.
For families planning education and immigration together, this argues for reviewing all options earlier. Not every student needs an alternative to OPT or H-1B — but the value of a broader strategy is clearer than before.
Where EB-5 fits
For international students with substantial savings or family resources, EB-5 is an immigrant-visa pathway that does not depend on employer sponsorship, the H-1B lottery, or continued employment with a particular company.
Post-RIA concurrent filing is particularly relevant: when a visa number is available, an eligible applicant may file the I-526E and I-485 together and apply for an Employment Authorization Document (EAD) while the I-485 is pending. Unlike OPT, an EAD based on a pending adjustment application is not limited to work related to the student’s field of study — changing employers, industries, or career direction is far more flexible.
EB-5 does not replace OPT or H-1B and is not right for everyone; it carries its own investment, source-of-funds, job-creation, and investment-risk requirements. But for families already thinking several years ahead, understanding the option before an employment-based route becomes difficult has real value.
Under the proposal, students already approved for OPT before any final rule takes effect would not be subject to the new fee.
Further reading: Concurrent I-485 Filing · EAD and Advance Parole · EB-5 Basics
Sources
- DHS proposed rule, October 7, 2026
- ARCFE, “Proposed $70,000 OPT Fee Could Reshape The Path From U.S. Education To Employment” (October 8, 2026)