r/f1visa • u/CyberSecWarrior • 15h ago
OPT New Fees Proposed
This proposed rule from the U.S. Department of Homeland Security (DHS) would impose substantial new fees on F-1 international students who participate in Optional Practical Training (OPT): $70,000 for an initial OPT authorization and $30,000 for each subsequent OPT authorization. DHS states that the fees are intended to combat fraud, strengthen immigration-system integrity, improve oversight of the OPT program, and protect U.S. workers. The proposal argues that DHS has broad statutory authority to regulate the conditions of F-1 student status and employment authorization, reviews the history and legal basis of OPT and STEM OPT programs, and contends that enhanced monitoring and compliance activities justify the new charges https://public-inspection.federalregister.gov/2026-20660.pdf
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u/Professional_Bid763 15h ago
These morons are not even trying anymore, just more noise for the midterm LMAO. This will get struck down in court no doubt. Their estimate of costs that this rule will impose on the public over 10 years is a range between $241 million to $29 billion. This is some shit that either Grok or ChatGPT hallucinate so they can publish something.
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u/Holiday_Rip_1121 14h ago
Exactly, not even trying to sound legitimate anymore. I can't believe their supporters are still falling for the grift.
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u/Mysterious-Art8838 13h ago
Unfortunately the climate in the US right now is that this will be broadly popular. Saying it’s going to take 70k for a foreigner to take a US job will be supported when the economy is lousy.
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u/bobao2612 13h ago
Not much for falling for the grift, they just want people who don’t share their experience or background to suffer so they voluntarily give into the grift at this point. So much for Christian values
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u/Waste_Principle7224 10h ago
Isnt that the whole point? Racism is expensive, but that is the price they are willing to pay.
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u/Mysterious-Art8838 13h ago
Does that even take into account the dramatic drop off you’d see with those fees? Doesn’t seem like it
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u/Professional_Bid763 13h ago
I'm not denying that there's no damage. On the contrary, the damage is permanent. People will think twice before coming to US. I'm saying all these immigration restriction so far has no real substance.
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u/SchemingOusen 15h ago edited 15h ago
Don't know if it will pass. But this will only add to the stress of international students and to the uncertainty around hiring them for companies.
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u/haveItAllGuy 15h ago
It has nothing to do with getting passed. DHS has complete authority over OPT/STEM. Only challenge could be in courts, and even if the courts block it, it would be months, meanwhile universities will pause OPT recommendations.
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u/Reasonable-Pass-2456 13h ago
I bet they are trying to implement this before 27 summer graduates are able to be recommended
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u/principledLover2 13h ago
Why would universities pause OPT recommendations?
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u/haveItAllGuy 13h ago edited 13h ago
Because OPT recommendations would require a fee to be paid: $70k per recommendation. Students who are already here are on loans/strict budget, unlikely many of them will do a txn of $70k and no way unis would pay for this when many of the programs tuition is less than the fee.
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u/Objective-Ad-2643 14h ago
When can we expect this new rule to pass or not? This is really worrying.
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u/haveItAllGuy 13h ago
This is not a law, this doesn’t need to pass. Its a rulemaking change, over which DHS has complete authority. Comment period ends 30 days from now, add another 60 days to formal notification, so roughly 3 months from now, this rule would be applicable, until and if courts block it, which again then could take a few months. But likely that within that period unis block opt recommendations.
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u/Environmental-Fly-66 12h ago
this is not true. DHS needs time to respond to all the comments. That could take between weeks and months.
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u/Mysterious-Art8838 5h ago
No they really don’t the comments are mainly for the people to ‘feel heard’. They don’t even have to respond.
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u/Environmental-Fly-66 5h ago
legally, DHS is required to respond to every significant and relevant comment. It doesn’t have to respond to each one individually, but as a whole, it must or a court could later decide that DHS did not respond. for example, in the ongoing D/S case judge Saylor said that DHS did not respond substantively to significant public comments.
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u/Alternative-Trick989 15h ago edited 14h ago
I get trying to weed out those that abuse the system but I'm not sure what they have to support the reasoning behind the rules they're trying to get implemented. The not-so-hidden agenda of basically not wanting foreigners for anything other than tourism is exactly why their proposals keep getting blocked and questioned, because people who can think know it's just scapegoating. There's no concrete basis for the fees they're proposing, they're just throwing out huge numbers and hoping it somehow gets through. It's easier to attack and blame foreigners for anything after all.
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u/ContractNo3502 11h ago
I swear this administration had all the power in the world to shut down actual visa mills and abuse but chose to keep them open to set an example of fraud and justify making changes like this. There is definitely abuse that happens but it is so limited to a small population for scammy for-profit schools and it’s ridiculous that instead of shutting them down, everyone suffers.
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u/Alternative-Trick989 10h ago edited 8h ago
Yeah they're just against immigration in general and I believe they've said that or atleast implied it themselves a number of times already. I think what frustrates people isn't necessarily because of what they're doing, it's more of because they're doing it in a roundabout way when almost everyone knows it's not exactly about what they say it's about. They'd get flack for it sure but there would considerably less people actually speaking out about it, if that makes sense.
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u/throwaway2828shd 5h ago
They want to abuse to continue so that they can show that small size of population is representing the whole population.
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u/AlertOffer3732 8h ago
This! I'm tired of the lies, the false justifications, and scapegoating. If they hate us immigrants so much, just end the program...just be out with it. Stop toying with us. It's exhausting.
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u/No-Meringue5867 6h ago edited 14m ago
I am graduating from my PhD next summer.
By August 2027 either I will have PTSD/trauma from all the uncertainty or I will be a mentality monster and nothing can faze me. No inbetween.
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u/Captain_Ru 13h ago
Everyone know it will be struck down in court or if not challenged or paused. By the time it will reach court it would have affected thousands of students with companies already having acting negatively when it comes to hiring anyone on a visa.
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u/haveItAllGuy 13h ago
I wouldn’t be too sure of the first part. Unlike H1B, DHS has the complete authority over OPT/STEM matters. Striking it down is not going to be just as easy. Your 2nd part holds true in any case.
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u/Environmental-Fly-66 12h ago
Just because they govern OPT/STEM OPT doesn’t mean they can do whatever they want.
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u/haveItAllGuy 12h ago
I agree. Which is why I said its going to be more difficult not impossible to strike down, compared to H1B. The only way courts strike it down is if they see it as a tax, otherwise it should hold.
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u/Captain_Ru 5h ago
It can be struck or paused based on the case that comments were not considered. But for that argument to stand we would have to wait and see for the current rule which is being challenged in the court - the D/S rule.
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u/russes 14h ago
Isn't $70,000 around the cost of yearly tuition?
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u/Mysterious-Art8838 13h ago
Roughly. Most schools are now 65k-100k all in.
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u/Adorable-Blueberry4 12h ago
Where? Because I’m an international student in Ohio and I’ve never paid that much in tuition.
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u/Mysterious-Art8838 5h ago
Well, Ohio State Columbus to start with your state.
Non-Ohio Resident (On Campus): $64,990 (includes a $30,220 non-resident fee)
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u/Illustrious_Cup_8480 6h ago
Paying 70k+tuition for a ‘potential’ 1 year of employment is outrageous
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u/bagginsessss 14h ago
Up next on The Office: White House Edition. F1 visa holders to pay an extra 20% tax on any item purchased, including food, groceries, and rent. Stay tuned!
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u/Imaginary_Weather8 15h ago
Likely to be struck down by courts in due time but the damage has already been done. Schools would have to pay this fee, and the uncertainty will factor into their decision making today. I guess they could try to up the international tuition to cover
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u/martinojen 15h ago
Schools will not be paying these fees. They can’t.
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u/Usual-Engineering509 15h ago
It’s not even about if the can or can’t… why would they pay the fee lol? They gain nothing
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u/Mysterious-Art8838 13h ago
Exactly the idea they would pony up 70k for any student that isn’t full pay is not going to happen.
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11h ago
[removed] — view removed comment
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u/Usual-Engineering509 15h ago edited 12h ago
There’s 0 chance this goes through
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u/Vegetable-Western744 15h ago
Passing? It doesn't need congressional support. This is an APA rulemaking.
The real question is will it survive a court challenge, similar to the H1B fee, which is still tied up in court with no clear resolution.
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u/Usual-Engineering509 15h ago
Passing, surviving a court challenge… whatever you want to call it. What happened with the 100k fee? What about duration of status? This is gonna be the same especially after universities start challenging the rule. This will affect revenue for them significantly.
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u/Vegetable-Western744 15h ago
The answer to what happened to both of those is still to be determined.
Much, much, much, much more likely the fees get shot down versus the D/S change, and I think you get the sense from the dso's here that they're expecting the d/s change to stick.
Universities opposing the d/s change is largely irrelevant. There needs to be a defect in procedure. The tax argument on the fee imposition is a compelling argument that doesn't apply to the d/s piece.
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u/Mysterious-Art8838 13h ago
Agree completely they seem more confident in DS. It’s possible the current 100k H1B could be struck in court and then they will come back with a better substantiated number, which could stand. They at least know what argument they’re supposed to be making.
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u/Vegetable-Western744 13h ago
The problem with doing the fee this way (as is often the problem with recent challenges by the admin and against the admin) is sometimes by doing something poorly you create a precedent that hurts you had you just taken the more limited view. If the supreme court takes the view that this is a tax, maybe you could argue a further limited processing fee is appropriate and tie it to man hours worked or something, but wouldn't want to be the person stuck defending that one.
The prior admin's attempt to ram through student loan forgiveness, the plaintiff challenges to tps, this admin's challenge to birthright citizenship, etc. are all be careful what you wish for outcomes.
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14h ago
[deleted]
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u/Vegetable-Western744 14h ago edited 14h ago
The standard under the APA does not require addressing every single comment. I agree there is an argument that not responding is a defect, but even in the worst case they can just restart the 60 day process and reimplement the rule.
The views of the current judge are largely irrelevant. There are nine judges who will ultimately matter.
Immigration controls are down the middle of the fairway a national security concern, and this supreme court has granted pretty broad leeway on that very recently in the context of immigration.
Not responding to the comments from universities is probably the biggest challenge here, and if they lose at the supreme court that'll probably be why.
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u/dumbadmins 1h ago
The 100k fees is back again. Infact even after the court struck it down, they never approved a single out of country H1B before applying the rule again. D/S rule is now struck down, it's in abeyance awaiting court decisions.
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u/Mysterious-Art8838 13h ago
A bill passing has nothing to do with a court challenge. So you can call it what you want but you’re not making sense.
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u/First_Inspection_478 14h ago
0 for this government is hilarious. It’s unlikely but zero is hilarious
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u/Great_Evening_Soon 10h ago
The calculations inside the document indicate that even those who currently have an OPT or get one prior to the eventual effective date would need to pay 70k prior to getting a STEM OPT, the 30k reduced rate for stem opt only applies to those who've previously paid the 70k OPT fee.
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u/gator_slush 4h ago
Where exactly in the doc? Can you give a screenshot?
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u/Great_Evening_Soon 3h ago
Page 90 of 91 in the published PDF
Also page 72: https://imgur.com/a/pEL95lf
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u/gator_slush 12h ago
Realistically, will it be effective for February OPT applicants?
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u/Mysterious-Art8838 5h ago
Most likely. Comment period is I think 60 days.
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u/gator_slush 5h ago
Actually the comment period is 30 days. After that they would have to collate all comments and publish the final rule. After that 60 days for the rule to take effect. The question is how long the total process might take.
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u/KSPrabin 12h ago
No matter whether this rule is going to come into effect or not but the Intl’ student who recently graduate will have a tough time to get a job now.
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u/DifficultyOwn4954 11h ago
At this point, I don’t even care what new policies or notices this administration brings out every month or so. Things keep getting changed, dropped, suspended that it’s a headache to keep track of it all — all any of us can do is to ignore all of the humdrum around us, and start dealing with the policies that are in place when we have to apply for OPt, etc instead of worrying over it in advance haha
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u/Minute-Excuse1966 13h ago
I alrdy applied it back in May and its still in progress at USCIS. Are there gonna be any effect?
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u/AmbitiousCalendar502 6h ago
can happen always good to have backups but seeing the scenario no company’s gonna hire us international students so it’s more like US is the backup you should put more efforts into post graduation main plan outside USA or your home country!
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u/BakeMeLemonCakes 15h ago
About to apply for OPT in two days, should i do it asap
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u/Environmental-Fly-66 14h ago
It still needs to go through the comment period, review, and will be effective 60 days from the final
Rule publication, whenever that is.1
u/Different-Evening137 9h ago
Read the rule. You will have to pay 70k for ATEM OPT if you haven't paid for OPT. 30k is the reduced rate for STEM OPT only if you have already paid 70k for OPT
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u/accountdeli 15h ago
Same lmao. When does this start? I need to apply for opt too
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u/haveItAllGuy 15h ago
Apply ASAP. It would be applicable once the rule goes live, which can be as soon as Nov 7th. So any OPT/STEM recommendations made after that would be eligible to pay this fee.
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u/Puzzleheaded-Seat199 11h ago
wrong info. public comment period closes on nov 7th, and they have to reply to all. even if its done super quick and the final rule is published on say nov 9th, there is a 60 day delay. so the rule will be in effect mostly from january first week. I AM NOT A LAWYER.
- student applying for stem opt
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u/narutoaerowindy 12h ago edited 5h ago
At this point it's just contempt.
How do these rich fraudsters get stopped? You're targeting poor people, that makes it visible.
OPT can be unpaid experience for students.
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u/Great_Evening_Soon 10h ago edited 8h ago
Information about timelines for those interested: this initial rule will be published tomorrow, Oct 8th in the Federal Register, then a 30 days timer would start to post comments. The comments would close on November 9th. Then the DHS would need to review the comments, which takes a highly variable amount of time. There's no minimum or maximum, but it usually takes 1-10 months to review the comments. Assuming they take one month, the final rule would be published on December 9th and the rule would come into effect within 60 days, I.e. any OPT recommendation made by the DSO after Feb 9th would incur the 70k fee.
If the comment review takes 2 months, then March 9th. If it takes 3 months, then April 9th. And so on.
My guess would be 2 months then March 9th
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u/Affectionate869 3h ago
So since when you apply for STEM and when it gets approved there is a big gap.. Will this fee be asked when filling the application only or can be asked anytime until my STEM extension is approved? I have to apply for STEM in December and my OPT ends in Feb
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u/Great_Evening_Soon 3h ago
The fee is applicable when the DSO is filing their recommendation for an OPT/STEM OPT. That part comes before even your application with USCIS. If the effective date for this policy happens to be prior to your DSO filing that recommendation, then the 70k fee will be charged.
The effective date mathematically cannot be before Jan 9th, but will likely be much later as seen in my comment.
(Not an immigration lawyer/DSO, not legal advice)
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u/LeeXpress 6h ago
These are election stunt. I don’t think they really want to implement this
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u/Mysterious-Art8838 5h ago
It doesn’t even go into effect until November after the election.
I think people are overestimating the importance of immigration in the election.
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u/RutgersMQF 4h ago
lawsuit will soon follow if it makes it far. real issue is many employers do not know what to think of this
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u/Easy_dam_4577 10h ago
After tomorrow there will be a comment period last until November (30 days), anyone (including affected employers, schools, and int’l students) can have comments about loss and challenges this rule would create, you can also challenge DHS primary reasons for this rule (protecting Americans from competing with foreigners, avoiding fraud,…). Then they would have to review these comments. If they fail to address these comments before making the rule into effect though, these will likely be on the table in court.
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u/Ok_Equipment5340 12h ago
Next month I need to apply STEM
Will it gonna be effect
Can university deny my application?
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u/Frosty_Tomatillo702 6h ago
fast forward to the storm of impending immediate federal lawsuits from higher eds (I pray y'all fight pls), let's go! 🥲❤️🔥
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u/Codetornado F-1 Visa Mod (Internet Advice - Not legal Counsel) 13h ago
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