As I have shared in our ISS newsletter and with the Reed Student Senate, on October 8, 2026, the U.S. Department of Homeland Security (DHS) proposed a rule that would drastically change how Optional Practical Training (OPT) works for international students in F-1 status and the schools they attend. The rule is open for public comment and anyone can respond to it, but the window closes soon on November 9.
The proposed rule (91 FR 64566, Docket No. ICEB-2026-0100) would require a school recommending OPT for an F-1 student to pay the new applicable OPT fee prior to issuing the document that allows a student to apply for OPT. From the rule, the "following fees would apply for each F-1 nonimmigrant student to engage in OPT through a Student and Exchange Visitor Program-certified institution: $70,000 for initial OPT; and $30,000 for any subsequent OPT." DHS proposes that it would be the obligation of the school to pay the fee and attest to its payment, but that the school could choose to source the fee from other parties. Currently, the OPT fee is $470 and is paid by the student when submitting an application to US Citizenship and Immigration Services (USCIS).
OPT is a longstanding benefit that lets F-1 students gain valuable hands-on “practical training” or experiential learning through employment or volunteer opportunities directly related to their major field of study. Students can access up to 12 months of standard OPT (pre-completion and post-completion OPT combined) and, if eligible, a STEM OPT extension of two additional years. At Reed, about 25 students are typically participating in OPT at any given time. For a small college like Reed, a fee of this size would raise serious questions about cost, access, fairness, and about who would ultimately bear the expense.
To be clear, this proposed rule is not in effect. Current OPT procedures and fees remain unchanged. The proposed rule is moving through the federal rulemaking process, and is open for public comment until November 9, 2026. Absolutely anyone can submit a public comment on a federal agency’s proposed regulation. Comments may be signed or submitted anonymously.
Comments matter. The Administrative Procedure Act generally requires agencies to consider public comments in the rulemaking process, and comments can and do influence the final rule. An agency’s failure to respond to substantive comments can be grounds for litigation. Recently, we have seen an example of this with the litigation that resulted in a pause of the published rule that would have ended Duration of Status for F, J, and I visa holders (https://www.presidentsalliance.org/duration-of-status-litigation/).
Several students have shared thoughts and concerns about this proposed rule with me. For those who want to submit a comment, here are some resources:
Before you write:
Read the proposed rule closely and note the specific points you want to address.
Remember that public comments are public and searchable. You may submit with attribution to an individual/institution or anonymously via a public computer.
While you write:
Include the docket number to identify the rule you are commenting on.
Comments should be individual, not carbon copied from a template, or they may not be counted as a unique comment.
Speaking from their personal experiences is welcome and valuable.
Avoid only affirming or denying your support for a proposed rule. Aim to strengthen your comment by offering further analysis of the rule and its impact.
Consider the rule’s impact: Can you calculate the costs it would impose? Are there less costly or burdensome alternatives? Does the proposed action actually solve the named problem? Whether adequate time has been allotted for drafting substantial comments or for implementation? Is there enough time to prepare thoughtful comments or implement the rule?
Use evidence. Cite publicly available data and sources, do not use proprietary data without permission in public comments.
Point out confusion or incongruencies within a proposed rule.
Comments for the proposed OPT fee rule are submitted through regulations.gov under docket ICEB-2026-0100.
These resources can help:
Regulations.gov, “How You Can Effectively Participate in the Regulatory Process Through Public Comment”
NAFSA: Association of International Educators, resources for preparing comments on the proposed OPT fees rule, including a link to the rule, high-level drafting guidance, external explainers, and reports on OPT and the potential impact of the fees:
NAFSA’s Connecting our World newsletter, a weekly digest of policy and regulatory developments in international education, with simple ways to take action:
Students with questions about OPT or how the proposed rule might impact them are encouraged to reach out to International Student Services (reed.edu/iss). Whatever your view of this rule, the comment process is a chance to be heard, and it is open to everyone until November 9.