On October 8, DHS published a proposed rule (91 FR 64566) that would require SEVP-certified schools to pay:

– $70,000 before a student's first OPT recommendation (pre- or post-completion)

– $30,000 for each later recommendation, including the 24-month STEM OPT extension

Under the proposal, USCIS could not approve OPT work authorization until the school pays. DHS acknowledges that schools may pass the cost on to students or employers. If finalized, the fees would apply to OPT recommendations made on or after the rule's effective date, which DHS proposes to set 60 days after the final rule is published.

Nothing has changed yet. This is a proposal, and current OPT and STEM OPT rules still apply.

Why this matters beyond campus:
For many international researchers, OPT is the bridge between graduation and a longer-term status. It's when they publish, present, review for journals, take on critical roles, and often enter the H-1B lottery. If that bridge costs $70,000, or $100,000 for STEM graduates who also use the extension, some schools may stop recommending OPT altogether, and many employers won't absorb the cost.

That moves the planning conversation earlier. For PhD candidates and postdocs with a growing research record, the time to ask whether an O-1A is realistic is now, not after graduation. What evidence already exists? What still needs to be built, and how long will it take?

Not every student will qualify. But the ones who might should find out early, because a strong record takes time to document.

Want to weigh in? Comments are due November 9, 2026, through regulations.gov under docket ICEB-2026-0100. DHS says emailed or mailed comments will not be considered. Don't wait for the last day. Specific comments backed by real data (from schools, employers, and students) carry more weight than form letters.

Submit a comment at regulations.gov (search docket ICEB-2026-0100): https://www.regulations.gov/docket/ICEB-2026-0100

***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.***