DHS Proposes a $70,000 OPT Fee: What F-1 Students Should Know About the EB-2 NIW Path

If you are an F-1 student counting on OPT, a rule DHS proposed on October 8, 2026 would require your school to pay a $70,000 OPT fee before it can recommend you, plus $30,000 for each later period such as the STEM extension. Nothing changes today because this is a proposal, and if you are already approved or recommended for OPT when a final rule takes effect, the fee would not apply to that OPT.

Educational information, not legal advice. NIWPack is a brand operated by Kooemma Digital Holdings LLC. NIWPack is written by a self-filer, not an attorney, and is not a law firm. Consult a licensed immigration lawyer for advice on your specific facts.

Key takeaways

• DHS proposed a $70,000 fee for a student's first OPT and $30,000 for any later OPT, paid by the school before the designated school official (DSO) enters the recommendation.
• DHS states that schools may pass the cost on to students or employers, so the fee could reach you indirectly.
• OPT that is approved or recommended before the final rule's effective date would not owe the fee.
• Public comments are open until November 9, 2026, and DHS must publish a final rule before anything takes effect.
• A self-filed EB-2 NIW can be a green card path that skips OPT and the H-1B lottery, but it requires an advanced degree or equivalent and a strong national-importance case.

What the proposed OPT fee would do

Optional Practical Training (OPT) lets F-1 students work in their field during or after their studies, with a 24-month extension for STEM degrees. The proposed rule, published in the Federal Register as document 2026-20660, would add a fee at the moment your school recommends you:

• $70,000 for your first OPT recommendation of any type.
• $30,000 for every later OPT, whether that is another pre-completion period, post-completion OPT, or the STEM extension.
• The school pays before the DSO enters the recommendation in SEVIS, and USCIS would not grant work authorization until the fee is paid.
• The fee is tied to each new OPT recommendation, so changing employers within the same OPT period adds nothing.

The rule leaves schools free to decide how to fund the fee. DHS says so directly:

"DHS acknowledges that the schools may pass the financial obligation of this proposed fee onto F-1 nonimmigrant students, all students, or employers." (Federal Register document 2026-20660)

DHS's own cost analysis also assumes some schools may stop offering OPT if they cannot fund it. So the realistic outcomes range from your school absorbing the cost, to higher fees, to an employer covering it, to OPT becoming unavailable at your school.

The proposed costs side by side

This proposal arrives a few weeks after a separate DHS proposal that would add a fee to cap-subject H-1B petitions. Both are proposals, not final rules.

For a STEM graduate who would normally move from OPT to the STEM extension to an H-1B, the stacked proposed costs exceed $200,000 before any green card filing. That math is why many students are now asking about paths that skip both.

Questions to ask your DSO this semester

Use this checklist in your next meeting with your international student office. Each question tells you how exposed you are.

1. "When would my OPT recommendation be dated?" If it can be issued before a final rule takes effect, the fee would not apply to that OPT. If your graduation is a year or more away, assume you will be covered by whatever DHS finalizes.
2. "Has the school decided how it would fund the fee?" An answer of "we would absorb it" is good news. "We are still reviewing" means you should plan for the possibility of a charge.
3. "Would the school continue to recommend the STEM extension?" The $30,000 second fee applies here. If the school is unsure, ask your employer whether it would cover the cost.
4. "Does my program qualify me for an advanced degree?" This matters for the EB-2 path below. A master's or doctorate usually counts. A bachelor's alone usually does not, unless you also have five years of progressive experience.

Also read our post on the duration of status rule for students, since it changes how long your F-1 admission lasts.

Where an EB-2 NIW fits for students

A national interest waiver (NIW) is a green card petition you file for yourself (Form I-140) without an employer, a job offer, or the PERM labor certification. USCIS decides it under Matter of Dhanasar (2016): your proposed work must have substantial merit and national importance, you must be well positioned to advance it, and on balance waiving the job offer must benefit the United States.

Since the January 2025 USCIS policy update, officers check EB-2 eligibility first. That means an advanced degree (a master's or higher, or a bachelor's plus five years of progressive experience) or exceptional ability related to your proposed endeavor. Many master's and PhD graduates clear that first step. Most new bachelor's graduates do not.

Three facts shape whether it makes sense for you now:

1. F-1 status requires an intent to leave after your studies. Filing an immigrant petition can make F-1 visa renewals and reentry harder, so time any filing with travel plans in mind and get advice first.
2. An approved NIW does not give you work authorization. You can work on the green card track only once you can file Form I-485 and receive a work permit from it, which depends on your country's place in the visa bulletin.
3. The queue is long for some countries. For October 2026, USCIS requires employment-based applicants to use the Dates for Filing chart, and EB-2 for India and China remains backlogged by years.

Here is how the same fictional data-science graduate could look on paper:

The left column describes a career. The right column names a national problem, a method you created, and outside use you can document. That gap is what the proposed endeavor statement has to close.

My take as a self-filer

I self-filed my own EB-2 NIW and was approved after answering two Requests for Evidence (RFEs, letters where USCIS asks for more proof before deciding). [AUTHOR NOTE: add one or two sentences on what stage of your career you filed at, and what evidence you wish you had started collecting earlier.] If you are still in school, the most useful thing you can do now is collect outside evidence of your work while it is happening.

When to talk to an attorney first

The fee is proposed, and the final rule could change the amounts, the timing, or who pays. Talk to a licensed immigration attorney before filing anything if any of these apply:

• You plan to travel abroad or renew your F-1 visa in the next year.
• You have a cap-gap period or a pending H-1B petition.
• You hold only a bachelor's degree and want to argue exceptional ability.
• You were born in a country with a long EB-2 backlog and need work authorization soon.
• Your status depends on a pending OPT or STEM extension application.

How to comment on the proposal

Anyone can comment until November 9, 2026, through Regulations.gov docket ICEB-2026-0100. DHS must consider comments before issuing a final rule. Specific comments carry more weight than general objections, such as what OPT has meant for your research, your employer, or your school's budget.

Frequently asked questions

Will I have to pay the $70,000 OPT fee myself?

The rule makes your school responsible for paying it. DHS also says schools may pass the cost to students or employers, so ask your school how it plans to fund the fee if the rule becomes final.

Does the OPT fee apply if I already have OPT?

No. Under the proposal, schools would not owe the fee for OPT that is already approved, in progress, or recommended before the final rule's effective date. A later OPT request after that date, such as a STEM extension, would trigger the $30,000 fee.

Can I file an EB-2 NIW while on F-1 or OPT?

You can file Form I-140 while in F-1 status. F-1 requires nonimmigrant intent, so a pending or approved immigrant petition can complicate visa renewals and reentry. Plan the timing with an attorney if you expect to travel.

Is the OPT fee final?

No. It is a proposed rule published October 8, 2026, with comments due November 9, 2026. DHS must review the comments and publish a final rule, which could differ, before any fee applies.

Official sources

• Federal Register: Optional Practical Training Fees (proposed rule, October 8, 2026)
• DHS announcement (October 7, 2026)
• Federal Register: Fee for Certain H-1B Petitions (proposed rule, August 25, 2026)
• USCIS Policy Manual, Vol. 6, Part F, Ch. 5: National Interest Waivers
• USCIS adjustment of status filing charts

Last reviewed: October 8, 2026.

If you want to know whether the NIW is realistic before graduation, start with eligibility. The EB-2 NIW Complete Self-Filer's Pack includes planning worksheets that walk you through the EB-2 threshold and the three Dhanasar prongs, so you can see where your evidence is thin while you still have time to build it.