United States: DHS Optional Practical Training Fee Proposal Clears Federal Review
September 14, 2026
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At a glance
- The Office of Management and Budget has cleared a Department of Homeland Security (DHS) proposed rule that would impose additional fees on F-1 optional practical training (OPT) applications.
- The specific content of the proposed rule will not be known until publication, but it is anticipated that the proposed fees for OPT employment authorization could be significant.
- Once the proposal is published in the Federal Register, it is expected that DHS will accept public comments for 30 or 60 days. The regulation will not take effect until public comments are considered and the rule is finalized.
The issue
The Office of Management and Budget (OMB) has completed its review of a proposed Department of Homeland Security (DHS) regulation that, if finalized, would impose additional fees on F-1 optional practical training (OPT) employment authorization applications.
The next step in the regulatory process is for the proposed rule to be published in the Federal Register for a public comment period, typically a period of 30 or 60 days. Details regarding the fees will not be known until publication in the Federal Register, but it is expected that the new fees could be significant.
The OPT fee proposed rule was not included in the DHS regulatory agenda released in early July 2026; the proposal was introduced and sent to the OMB for review on August 20, 2026.
What’s next for the fee proposal
The fee proposal will next be published in the Federal Register with a public comment period, generally of 30 to 60 days. The regulation would not take effect until DHS reviews the public feedback and publishes a final regulation, with a specific implementation date.
Once the proposal is published, the views of employers will be important to advise DHS about impact on the business community. If your organization wishes to comment, Fragomen’s Government Strategies Group is available to assist.
This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.
