𝗪𝗵𝗮𝘁 𝗗𝗛𝗦 𝗽𝗿𝗼𝗽𝗼𝘀𝗲𝗱
• $70,000 the first time a school recommends a student for OPT, before or after graduation

• $30,000 for each later recommendation, including STEM OPT

• The school pays before the recommendation goes into SEVIS. DHS says schools may pass the cost on to students or employers.

• DHS considered and rejected an exemption for small schools. It's also asking whether the $70,000 should apply again at each new degree level.

• Comments are due Nov. 9, through Regulations.gov only. A final rule would take effect 60 days after publication.

It's a proposal, not a rule. DHS says that without the fees it may shut down OPT entirely, and litigation is likely if it's finalized.

𝗧𝗵𝗲 𝗳𝘂𝗹𝗹 𝗽𝗿𝗶𝗰𝗲 𝗼𝗳 𝗮 𝗻𝗲𝘄 𝗴𝗿𝗮𝗱
The standard path for an international STEM graduate:

1. OPT plus the STEM extension: $100,000, or $130,000 if the student also used pre-completion OPT

2. A cap-subject H-1B: the $103,265 fee DHS proposed in August, on top of existing fees

That's more than $200,000 in proposed government charges before a green card process begins.

𝗪𝗵𝘆 𝗶𝘁 𝗺𝗮𝘁𝘁𝗲𝗿𝘀 𝗯𝗲𝘆𝗼𝗻𝗱 𝗛-𝟭𝗕
OPT is often when a new graduate builds the record that later supports an O-1 or EB-1: publications, patents, judging, a strong salary. Fewer OPT years means fewer people reach that bar while they're still in the U.S.

DHS itself acknowledges that some schools may stop recommending OPT or fund it only for some students.

𝗪𝗵𝗮𝘁 𝗲𝗺𝗽𝗹𝗼𝘆𝗲𝗿𝘀 𝘀𝗵𝗼𝘂𝗹𝗱 𝗱𝗼 𝗻𝗼𝘄
1. Ask your recruiting schools how they'd handle the fee, whether they'd expect employers to share it, and whether CPT fits any internships. This proposal doesn't cover CPT, though DHS says it's watching it.

2. Map your intern and new-grad pipeline. Pre-completion OPT would trigger $70,000; each later OPT period, $30,000.

3. Check your current OPT workers. Recommendations dated before the effective date are grandfathered; a later STEM extension isn't. For a worker who never paid the $70,000 fee, the text is unclear on whether that extension costs $30,000 or $70,000.

4. Comment. Specific hiring data carries more weight than general objections. The treatment of STEM extensions for workers already on OPT is worth raising.

5. Nothing is owed yet. But if the rule is finalized, the date of each DSO recommendation will matter.

Each fee gets its own headline. Employers will feel the sum.

***Disclaimer: This post is for general informational purposes and does not constitute legal advice. Every case is fact specific. Please contact our office to discuss how this decision may affect your individual situation.***