New OPT Rules for F-1 Students: How to Explain the Proposed $70,000 Fee to a Recruiter

A recruiter saw the $70,000 OPT headline and now wants to know if hiring you costs money. Here is the accurate answer in 30 seconds.

Your recruiter screen is going well until the recruiter asks, "I saw OPT is going to cost $70,000 now. Would we have to pay that?" You have about ten seconds, and a wrong answer in either direction can end the process.

Here is the accurate version. The new OPT rules for F-1 students that made headlines are a proposal, not law. On October 8, 2026, DHS proposed a $70,000 fee before a student's initial OPT recommendation and $30,000 for each later one, including STEM OPT. The school would pay, and could pass the cost on. Nothing would apply until 60 days after a final rule, and no employer owes anything today. The rest of this guide turns that into words you can say on a call.

Status as of October 14, 2026. OPT fees NPRM: proposed (published 2026-10-08, comments close 2026-11-09). Current OPT rules: in effect and unchanged. No final rule exists, and no start date has been set.

What the new OPT rules for F-1 students actually propose

The rule, "Optional Practical Training Fees," was published in the Federal Register by DHS and ICE. That text controls; some news summaries describe it loosely.

Two details matter most on a call: the payer is the school, not the employer, and the fee is tied to a DSO recommendation, not to a job.

NAFSA said on October 7, 2026 that it "will mobilize detailed comments," and immigration practitioners expect litigation if the rule is finalized. You do not need to predict how that ends, only to describe where things stand.

Will OPT cost my employer? The honest answer

Today: no. Post-completion OPT is employment authorization you apply for yourself, on Form I-765, after your DSO recommends it in SEVIS. The employer does not file a petition for it and pays no government fee for it. If you have not filed yet, our I-765 OPT EAD application walkthrough covers the steps and the filing timeline. STEM OPT adds employer obligations, namely E-Verify enrollment and a signed Form I-983 training plan, but those are compliance steps, not a fee.

Under the proposal: not automatically. The school would owe the fee before recommending OPT. DHS lets schools decide whether to absorb it or pass it to F-1 students, to all students, or to employers. No school has had to set a policy, because there is no final rule. So the accurate answer is "it depends on choices that haven't been made yet." Do not dress it up as firmer in either direction. Our explainer on who would pay the proposed $70,000 OPT fee goes deeper on the payer question.

What it is not. It is not an H-1B-style employer filing cost. Keep it apart from H-1B headlines: the $100,000 H-1B entry fee under Proclamation 11069 is blocked by two court orders, and the $103,265 H-1B fee is proposed. Neither has anything to do with OPT.

Old rule, proposed rule, and what to say differently

The 30-second answer for a recruiter screen

Recruiters want to know whether you can start, for how long, and whether anything will cost the company money. Here is a version you can adapt:

"Good question. That's a proposed rule DHS published on October 8. It isn't final, comments close November 9, and it would only apply to OPT recommendations made 60 days after a final rule comes out. Under the proposal the school owes the fee, not the employer, though schools could choose to pass it on. My current OPT runs from [start date] to [end date], so it doesn't change when I can start. Happy to send a short written summary with the source if that helps your team."

Then stop talking. For more ways to handle the visa moment on a screen, see our guide to handling visa questions on a recruiter screen.

How to deliver it, step by step

1. Acknowledge the news. "Yes, I saw that too" sounds informed, not defensive.
2. Label the status. Use the word "proposed" and give one date, either October 8 (published) or November 9 (comments close).
3. Name the payer. "Under the proposal, the school pays." Then add the honest qualifier: schools may pass it on, and no school policy exists yet.
4. Bring it back to your dates. Your EAD validity dates decide the recruiter's next step, so know them cold.
5. Offer a written follow-up. One paragraph with the Federal Register link lets the recruiter brief the hiring manager without a debate on the call.
6. Return to the role. Ask your next question about the team or the work.

If the recruiter asks about STEM OPT

If you are on post-completion OPT now and expect to need the 24-month STEM extension later, a STEM OPT recommendation is a "subsequent" recommendation under the proposal. If a final rule is published and your STEM recommendation is dated after its start date, your school would owe $30,000 before recommending it. The proposal covers any type of OPT, so pre-completion OPT counts too. The NPRM's own worked examples show $70,000 for pre-completion OPT plus $30,000 for post-completion OPT, and $100,000 in total for initial OPT plus STEM OPT. Our STEM OPT fee scenarios walk through each combination.

A fair way to say it:

"If the rule is finalized as proposed, and my STEM OPT recommendation falls after it takes effect, my school would owe a fee before recommending it. Whether any of that reaches an employer depends on school policy that doesn't exist yet. I'll confirm with my DSO and keep you posted."

Do not promise to cover a cost you have not priced. The STEM OPT employer requirements (E-Verify and the I-983) are unchanged.

If the recruiter asks whether you'll need H-1B sponsorship

That is a different question with its own clean answer, so keep the OPT fee out of it. Our guide on how to answer "Do you need sponsorship?" walks through the wording.

The timeline you can share

As of October 14, 2026:

1. October 7, 2026. DHS announces the proposal.
2. October 8, 2026. The NPRM is published in the Federal Register.
3. November 9, 2026. The public comment period closes. A separate Paperwork Reduction Act comment window runs to December 7, 2026.
4. After that, with no set date. DHS reviews the comments and may publish a final rule, change it, or not finalize it.
5. 60 days after any final rule. The fee would apply only to DSO recommendations dated on or after that point.
6. Possibly in parallel. Practitioners expect litigation if the rule is finalized, which could change the timing again.

Reading the transition clause, OPT that is already authorized does not appear to be affected (an inference, not an express promise), which is why your EAD dates matter more than the headline.

What to prepare before your next screen

• Your exact EAD dates, or your I-765 receipt date and the current processing time from the USCIS processing times page. Do not quote a processing time from memory.
• Your unemployment-day count. The 90-day limit on post-completion OPT, and the 150-day aggregate limit with the STEM extension, are unchanged (SEVP guidance). Knowing your count tells you how much timing flexibility you can honestly offer.
• One question for your DSO. "Has the school said how it would handle the proposed OPT fee if it becomes final?" If there is no policy yet, that is a fine answer to relay.
• A saved link to the Federal Register notice, the controlling text, so your follow-up email takes two minutes.
• A sense of the employer's mood. If you want to understand how hiring teams are reacting, read our analysis of whether employers will stop hiring OPT students over the proposed fee.

This is how the process works, not legal advice. Anything about your own OPT or STEM OPT recommendation timing belongs with your DSO. Questions about H-1B or green-card strategy belong with a licensed immigration attorney.

Common mistakes

• Saying "OPT costs $70,000 now." It does not. It is a proposal with no final rule and no start date.
• Saying "my employer would have to pay." The school is the legal payer. Passing the cost to employers is one option DHS lists, not a requirement.
• Saying "it definitely doesn't affect me." If you will need a STEM OPT recommendation after a final rule takes effect, the $30,000 subsequent fee is part of your picture. Say so plainly.
• Mixing up OPT and H-1B fees. The OPT fee is proposed. The $100,000 H-1B fee is blocked by two courts. The $103,265 H-1B fee is proposed. These are three different things, and none of them is being collected today.
• Repeating secondary summaries. The Study in the States announcement describes $30,000 "for the second year" with no further fees after that, and some outlets reported a 60-day comment period or framed students as the payers. The Federal Register text charges $30,000 for each subsequent recommendation, sets a 30-day comment period, and names the school as payer. Quote the Federal Register.

Frequently asked questions

Is the $70,000 OPT fee in effect now?

No. As of October 14, 2026 it is a proposed rule, published October 8, 2026, with public comments closing November 9, 2026. It would apply only to DSO recommendations dated 60 or more days after a final rule is published. The current I-765 filing fee and the $1,780 OPT premium processing fee are unchanged.

Will OPT cost my employer anything under the proposal?

Not automatically. The proposed rule makes the SEVP-certified school the payer, before the DSO recommendation. DHS says schools may pass the cost on to F-1 students, to all students, or to employers, so whether an employer is ever asked depends on choices no school has had to make yet. The fee goes to the Treasury and is not tied to a particular employer.

Does the proposed fee affect OPT that is already approved?

Reading the transition language, OPT that is already authorized does not appear to be affected, but that is an inference from a proposal, not an express promise. The fee attaches to a new DSO recommendation, and a later STEM OPT recommendation counts as a subsequent one at $30,000. Confirm how it would apply to your own timeline with your DSO.

Should I bring up the OPT fee before the recruiter asks?

Usually not. Lead with your work authorization dates, which are what the recruiter needs. If they raise the news, give the short factual answer, offer a one-paragraph written summary, and move back to the role.

Does the proposed OPT fee apply to CPT?

No. CPT is out of scope of the proposed fee. CPT has its own open issue, because the SEVP CPT broadcasts from August 2026 are in effect as guidance and are being challenged in court, so take any CPT question to your DSO.

Sources

• Optional Practical Training Fees, proposed rule (Federal Register, 2026-10-08)
• Study in the States: DHS publishes proposed rule establishing OPT fees
• USCIS Form G-1055 fee schedule
• USCIS Form I-765 page
• NAFSA statement on the OPT fee proposed rule
• SEVP Broadcast Message 2101-01 on OPT unemployment limits

You can't control the proposal. You can control a calm, accurate answer and a pipeline of employers who hire OPT candidates. If you want help with both, talk to F1Jobs.