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OPT Fee Proposal Advances, Raising Concerns for Indian Students
The United States is considering a new fee for some international students who want to work after finishing school.
This work program is called Optional Practical Training, or OPT.
The government has reviewed the idea, but it has not officially published the proposed rule yet.
News reports say the fee could be $100,000, but that number has not been confirmed.
Students might have to pay it, or employers might have to pay it, depending on the final proposal.
A large fee could make studying in the United States less attractive, especially for Indian students.
It could also make employers less willing to hire international graduates.
The government must first accept public comments and issue a final rule before any fee can take effect.
Students already using OPT should wait for the final rule before assuming they must pay.
The Department of Homeland Security’s proposed OPT fee cleared OIRA review on September 11, 2026.
The fee amount has not been officially disclosed, although reports have cited a possible $100,000 charge.
The proposal must still be published in the Federal Register and undergo notice-and-comment rulemaking.
Attorneys say the fee could reduce the value of U.S. education and discourage employers from hiring international graduates.
Existing OPT holders may not be affected, but the final rule will determine its scope, transition provisions, and effective date.
- Who
- The Department of Homeland Security and Immigration and Customs Enforcement proposed the OPT fee, while international students—particularly Indian students—could be affected.
- What
- A proposed fee for Optional Practical Training has completed White House regulatory review but has not yet been published or taken effect.
- Where
- The proposal concerns the United States’ Optional Practical Training program for F-1 international students.
- When
- OIRA completed its review on September 11, 2026; the publication and effective dates remain unknown.
- Why
- The proposal could impose an additional charge on OPT applicants, potentially changing the financial calculation for U.S. education and post-study employment.
Student and Legal Concerns
Regulatory Process and Uncertainty
Financial impact
Student and Legal Concerns
Immigration attorneys say a possible $100,000 fee could make U.S. degrees less attractive, create a major barrier for graduates, and discourage employers from hiring international students.
Regulatory Process and Uncertainty
The fee amount, payer, covered applicants, and applicability to existing holders have not been confirmed because the proposed rule is not yet public.
Effect on current students
Student and Legal Concerns
Students already in the United States could face uncertainty about future OPT or STEM OPT extensions and may reconsider their education and career plans.
Regulatory Process and Uncertainty
The final rule’s transition provisions will determine the impact, and attorneys said new substantive rules typically do not apply retroactively.
Legal viability
Student and Legal Concerns
Attorneys argue that a substantial fee could face challenges over DHS’s statutory authority, the Administrative Procedure Act, and whether the charge resembles a tax rather than an administrative fee.
Regulatory Process and Uncertainty
The government still has a formal process available: publish a proposed rule, accept comments, explain the policy, and issue a final rule before it can take effect.
Key facts
- Proposed fee
- The amount has not been officially disclosed; media reports have cited $100,000.
- OIRA review
- Completed September 11, 2026, with the conclusion listed as “Consistent with Change.”
- Proposal submission
- Immigration and Customs Enforcement submitted it to OIRA on August 20, 2026.
- Next step
- The Department of Homeland Security must publish the proposal in the Federal Register.
- Rulemaking process
- The proposal must go through public comments before a final rule and effective date.
- OPT coverage
- It remains unclear whether the fee would apply to students, employers, existing OPT holders, or future STEM OPT extensions.
- Current status
- The reported fee is not currently payable.
Quotes
Kevin J. Andrews
Founder and principal attorney at Kevin J. Andrews Law, LLC
“Typically new substantive rules don’t have retroactive effect so students already here on OPT would likely not be affected but those filing future STEM OPT extensions after the transition period could be impacted.”
financialexpress.com
“The $100,000 number traces to Wall Street Journal reporting on July 30, 2026, attributed to people familiar with the matter but DHS hasn’t confirmed it.”
financialexpress.com
Gnanamookan Senthurjothi and Veena Vijay Ananth
Immigration attorneys and founders of The Visa Code
“The reported $100,000 OPT fee, if ultimately adopted, would be a major financial barrier for international students, particularly Indian students who often rely on OPT and STEM OPT to recover the substantial cost of a U.S. education through post-graduation employment. A six-figure fee could make the economics of pursuing a US degree substantially less attractive.”
financialexpress.com
Sources
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