Proposed OPT fee: schools would pay $70,000 for a first OPT recommendation and $30,000 for each later one; AAU and others seek withdrawal
Key points
- DHS proposes that schools pay $70,000 per F-1 student for a first OPT and $30,000 for each later OPT (including STEM extensions), before the DSO enters the recommendation; the fee is per student and is not triggered by a change of employer.
- DHS acknowledges schools may pass the fee on to F-1 students, all students or employers.
- Comments closed Nov. 9, with 8,955 public comments as of Nov. 14; the rule is not in effect and, as proposed, would take effect 60 days after a final rule is published, covering only OPT recommendations issued on or after that date.
The Department of Homeland Security (DHS) published a proposed OPT fee rule in the Federal Register on Oct. 8: a school would pay $70,000 before entering an F-1 student's first OPT recommendation, and $30,000 for each later OPT recommendation for that student, including a STEM extension. DHS acknowledges schools may pass the cost on to students or employers. The comment period closed Nov. 9 with 8,955 public comments in the docket; the Association of American Universities (AAU), Northwestern University and Tulane University, among others, asked DHS to withdraw it. The rule is not in effect; as proposed, it would apply 60 days after a final rule is published. Not legal advice.
What employers should do
- Track the final rule; when hiring OPT graduates, ask schools whether the fee will be passed on to employers.
- Identify current OPT employees planning a STEM extension: under the proposed text, STEM extensions during the transition may be charged $70,000.
Policy details
- Jurisdiction
- Federal
- Status
- Proposed rule
- Effective date
- —
- Employers covered
- Schools that recommend F-1 students for OPT (the payer); DHS acknowledges costs may be passed on to students or employers
- Official source
- View official source ↗
Original report: govinfo.gov ↗AI-assisted brief; may contain inaccuracies. Rely on the original reports and official documents. For information only; not legal, immigration or insurance advice.