On October 7, 2026, DHS announced, and on October 8 published in the Federal Register, a proposed rule that would heavily impact the Optional Practical Training (OPT) program, which allows F-1 visa students in the U.S. to work after or during their studies. For Polish students studying at American universities and for families planning to send their child to study here, this is one of the most important immigration news stories of the month. However, it is worth emphasizing right away: this is a proposal, not current law.
What the proposal entails in detail
According to the text published in the Federal Register (RIN 1653-AB01), DHS is proposing two fee amounts: $70,000 for the first OPT recommendation and $30,000 for each subsequent recommendation, including the STEM OPT extension. There is no separate fee for STEM; it falls under the “subsequent” category. Industry news outlet Higher Ed Dive calculates that in an extreme case, this could amount to up to $100,000 per student.
Who pays
The fee would be paid by the SEVP-certified school even before the Designated School Official (DSO) enters the OPT recommendation into the SEVIS system. DHS allows for the possibility that universities may pass the cost on to students or employers. A refund would only be possible if the student has not yet received their EAD card, and the decision would be made by SEVP on an individual and final basis. The project does not provide exceptions, even for small schools.
DHS rationale and context
The agency justifies the change as a measure to combat abuse and protect American workers. As cited by Higher Ed Dive, DHS argues that high costs would discourage schools from recommending individuals with questionable qualifications, and without the fees, the program might not be able to continue operating. According to the same source, citing IIE data, approximately 294,000 international students used OPT in the 2024–25 academic year, more than double the number a decade prior (about 120,000). DHS also refers to a 2020 ICE investigation that resulted in 15 student arrests and claims that OPT is sometimes used to “circumvent” the H-1B visa program. Critics, including academic circles, will likely challenge both the scale of the abuse and the fee amount; however, at this stage, we do not have official positions to reliably cite.
When it takes effect and how to have a voice
The regulations would only take effect 60 days after the final version is published, so nothing changes for now for individuals who currently have OPT or are applying for it. Public comments on the proposal are accepted exclusively through Regulations.gov (docket ICEB-2026-0100) until November 9, 2026; comments regarding forms and paperwork burdens can be submitted until December 7, 2026. Emails and letters will not be considered.
What to do in practice
F-1 students and their families should not make hasty decisions, but rather monitor communications from their university’s international office and see how the school intends to respond. Whether the final form of the regulations will be the same or whether the matter will end up in court remains unknown today. This text is for informational purposes and does not constitute legal advice.
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