DHS Proposes $100,000 Fee for International Graduates' Work Authorization

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Source: Bloomberg Law News
DHS Proposes $100,000 Fee for International Graduates' Work Authorization
Photo: Bloomberg Law News
TL;DR

The Department of Homeland Security has proposed a new rule requiring international students to pay up to $100,000 to participate in the Optional Practical Training program. This fee, split into a $70,000 base charge and a $30,000 extension for STEM graduates, would be paid by universities rather than students. The move aims to restrict post-graduation work authorization for F-1 visa holders and is part of a broader effort to limit foreign worker access to the US labor market.

Key points

  • DHS released a notice of proposed rulemaking on October 7, 2026, outlining a new fee structure for the Optional Practical Training (OPT) program.
  • The proposal mandates a $70,000 fee for all F-1 students seeking 12 months of work authorization after graduation.
  • An additional $30,000 fee would apply for the 24-month extension available to graduates in science, technology, engineering, and mathematics fields, totaling $100,000 for the maximum duration.
  • Universities would be responsible for paying these fees on behalf of their students, shifting the financial burden from individuals to educational institutions.
  • DHS stated the fee is designed to make it easier for American citizens to compete for jobs, describing OPT as a 'back door' into the workforce.
  • The proposal follows a recent $103,265 fee proposed for new H-1B workers and aligns with other recent restrictions on F-1 student presence in the US.

Background

This proposal is part of a series of recent immigration measures by the Trump administration aimed at restricting foreign student and worker access to the US labor market. In August 2026, DHS proposed a $103,265 fee for new H-1B workers, following a court block of an earlier charge. Additionally, in July 2026, a final DHS rule restricted the admission of foreign students, and in August 2025, the administration proposed limiting foreign students to four-year stays. These actions reflect a broader trend of increasing financial and regulatory barriers for international students and high-skilled foreign workers.

Why it matters

The proposed fee could significantly impact the ability of international students to gain work experience in the US, potentially affecting the talent pipeline for STEM fields and other industries. By shifting the cost to universities, the proposal may also affect the financial viability of international education programs and the competitiveness of US institutions. The move could lead to legal challenges and further restrict the options available to foreign graduates seeking to enter the US workforce.

What to watch

The proposal is expected to face legal challenges, similar to the previous H-1B fee. The finalization of the rule will depend on the outcome of the public comment period and any subsequent judicial reviews. Universities and business groups are likely to oppose the fee, arguing that OPT is a critical part of the STEM talent pipeline. The outcome of this proposal could have significant implications for the future of international education and workforce development in the US.

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