The direct answer
Is a $70,000 OPT fee in effect now?
No. DHS published a proposed rule on October 8, 2026, not a final rule. The proposed $70,000 and $30,000 OPT fees are not currently due. A future final rule would be needed before these proposed obligations could take effect.
Who would pay, and when?
Under the proposed text, the SEVP-certified educational institution would pay before its designated school official (DSO) enters the OPT recommendation in SEVIS. The proposal places the payment obligation on the school, rather than directly on the student or employer.
The proposal sets an initial $70,000 fee and a $30,000 fee for later OPT recommendations after the student has participated in OPT and the initial fee has been paid. A later recommendation may include a STEM OPT extension. An employer change alone would not trigger the fee.
Current OPT and the proposed transition
The proposal would apply prospectively to DSO recommendations dated on or after a future final rule's effective date. It would not impose these fees on an already-issued recommendation dated before that effective date.
The transition language matters: a new recommendation after the effective date could require the initial $70,000 payment even for a student who previously used OPT, if that initial fee had not been paid. Do not assume that every STEM OPT recommendation would automatically fall in the $30,000 category.
DHS proposes an effective date 60 days after publication of a future final rule. There is no final effective date now, and the final text could change.
Comment deadlines
The October 8 notice identifies two different comment periods:
- November 9, 2026, at 11:59 p.m. Eastern: comments on the proposed rule, through Regulations.gov under docket ICEB-2026-0100.
- December 7, 2026: comments on the proposed information collection under the Paperwork Reduction Act.
Before changing your plans
Review your I-20, I-94, EAD, school record and employment timeline with qualified counsel. Students, schools and employers should distinguish an agency proposal from a final, effective requirement.
This update was last checked against the official notice on October 8, 2026. The proposal can change or never become final. No immigration status, employment authorization or outcome is guaranteed. Keep identity documents and private case details out of public comments and ordinary messages.
Frequently asked questions
Quick answers
Do I have to pay $70,000 for OPT now?
No. These amounts appear in a proposed rule and are not currently due under that proposal.
Would a change of employer trigger the proposed fee?
The proposal ties payment to an OPT recommendation by the school, not merely a change of employer.
Would a future STEM OPT extension always cost $30,000?
No. The proposal's transition provisions and whether the initial $70,000 fee was previously paid must be examined. Any final rule could change these provisions.
Sources and further reading
Use these links to review the reporting, official guidance or underlying rule.
DHS/ICE: Optional Practical Training Fees, 91 Fed. Reg. 64566 (October 8, 2026)Official proposed-rule PDF