OPT Could Cost $70,000? A Major Change for International Students After Graduation! šØ

International students have probably seen this news everywhere today: OPT could cost $70,000 for the initial application, with another $30,000 for each subsequent OPT request.
Hereās the bottom line: The news is real, but donāt panic just yet. This is currently only a proposed rule and has not taken effect.
On October 7, the Department of Homeland Security (DHS) released a proposed rule called āOptional Practical Training Fees.ā
The proposal states that schools would be required to pay:
$70,000 for the initial OPT recommendation
$30,000 for each subsequent OPT recommendation
So for many STEM international students, if you first receive regular OPT and later apply for a STEM OPT extension, the total proposed fees could theoretically reach $100,000.
But there are several very important details to understand.
1ļøā£ This is NOT taking effect today.
This is still only a proposed rule.
The proposal must go through the public-comment process and be finalized before it can take effect. The Federal Register publication is scheduled for October 8, followed by a 30-day public comment period.
2ļøā£ Legally, the fee would be paid by the SCHOOL ā not directly by the student.
The proposal requires the SEVP-certified school to pay the fee before the DSO can make the OPT recommendation.
However, DHS specifically allows schools to pass the cost on to the student or the employer.
So donāt assume:
āItās okay ā the school will pay the $70,000 for me.ā
If the rule is ultimately implemented, who actually bears the cost is still uncertain.
3ļøā£ If you already have OPT, you do NOT suddenly have to pay $70,000.
The proposed fees would apply to OPT recommendations made after the rule takes effect. They would not retroactively apply to OPT that has already been approved and is already in progress.
However, students who are currently on regular OPT and may apply for STEM OPT later should pay close attention to this proposal.
4ļøā£ This proposal still has a long way to go.
After the public-comment period, DHS would still need to review the comments and issue a Final Rule.
And if the rule is finalized, legal challenges are also likely.
So if you saw the news today:
Donāt panic.
And definitely donāt interpret it as:
āStarting tomorrow, every OPT applicant needs to prepare $70,000.ā
That is not the situation right now.
What we really need to watch is the upcoming public-comment period and whether DHS ultimately moves forward with these proposed fees in a Final Rule.
ęéč¦ä¹åÆä»„äøę¹ę¾å°ę们~
ēµåé®ä»¶ļ¼ info@newlandlawfirm.com
ēµčÆļ¼ (212)257-1932
微俔å·ļ¼zengqilaw





Comments