Indian Students Could Face $70,000 OPT Fee Under Proposed US Immigration Rule

Washington — Indian students seeking employment opportunities in the United States after graduation could face significant new financial barriers under a proposed Department of Homeland Security rule that would charge universities $70,000 per student for participation in the Optional Practical Training (OPT) program.
The proposal, published in the Federal Register on October 8 by U.S. Immigration and Customs Enforcement, would establish a $70,000 fee for initial OPT participation and an additional $30,000 for subsequent training authorization, including the 24-month STEM OPT extension.
The regulation has not taken effect and remains open for public comment through November 9. DHS must review the comments before issuing a final rule, and no implementation date has been announced.
Under the proposal, universities and other institutions certified by the Student and Exchange Visitor Program would be responsible for paying the fee before a designated school official could recommend an F-1 visa holder for OPT.
Although the fee would be assessed against educational institutions, DHS acknowledged that colleges and universities might transfer the expense to students or employers.
The department “acknowledges that the schools may pass the financial obligation of this proposed fee onto F-1 nonimmigrant students, all students, or employers,” according to the proposed regulation.
Students participating in both pre-completion and post-completion OPT could face combined charges totaling $100,000, while those completing their entire initial OPT period after graduation would be subject to the $70,000 fee.
Institutions could request refunds if a student does not receive an employment authorization document.
DHS said the proposed fees are intended to strengthen oversight of the OPT program, prevent fraud and protect employment opportunities for American workers.
The department said the measure would “reduce the rampant fraud and abuse of OPT” while discouraging the use of the program as an alternative to the H-1B visa system.
According to the proposal, the fees are designed to discourage students from using OPT “to market themselves to employers seeking to bypass H-1B caps, fees, and prevailing wage requirements.”
OPT currently allows eligible international students to gain practical work experience related to their academic studies. Students in qualifying science, technology, engineering and mathematics fields can apply for an additional 24 months of employment authorization.
DHS cited 2024 participation figures showing 194,554 students enrolled in OPT and another 95,384 participating in STEM OPT.
The department estimated that the proposed regulation would result in annualized financial transfers of approximately $12.8 billion, using a 3% discount rate, and $109.4 billion over 10 years.
The proposal could have particularly significant consequences for Indian students, who represent the largest group of international students in the United States.
For many Indian graduates, OPT provides an opportunity to gain American work experience and potentially transition to H-1B employment.
The proposed fees could also influence how universities support international students seeking practical training opportunities.
DHS acknowledged that institutions may be less willing to cover the costs for students in non-STEM programs, where OPT participation generally provides only one year of employment authorization.
The proposal comes amid broader changes to U.S. immigration policies affecting foreign workers and international graduates.
A separate $100,000 H-1B visa fee policy remains tied up in federal litigation, while another DHS regulation has ended automatic extensions of employment authorization for certain categories of immigrants awaiting permit renewals.
Students, universities, employers and other interested parties can submit comments on the OPT proposal through November 9 under docket number ICEB-2026-0100.
Any final regulation would require further action by DHS following the public comment period. (Source: IANS)



