USCIS OPT Fee Alert 2026: Proposed $100K Rule Clears White House Review

A significant development in U.S. immigration policy emerged on September 11, 2026, when a proposed rule to impose a $100,000 fee on Optional Practical Training (OPT) cleared White House Office of Management and Budget (OMB) review. With this hurdle cleared, the Department of Homeland Security (DHS) is now authorized to publish the rule as a formal Notice of Proposed Rulemaking (NPRM), opening a public comment period before any final rule could take effect. OPT allows F-1 international students to work in the U.S. for up to 12 months (or 36 months for STEM graduates) in a field related to their degree. It is one of the most common transitional steps for high-skilled foreign nationals who later pursue employment-based green cards, including EB-3 (Professionals and Skilled Workers). A $100,000 fee would represent an unprecedented financial barrier, potentially eliminating OPT as a viable option for the majority of international students. For EB-3 applicants and prospective applicants, this proposed rule carries meaningful implications. Many EB-3 petitions are sponsored by employers who first hire candidates through OPT or H-1B status. If OPT becomes cost-prohibitive, the pipeline of employer-sponsored green card candidates could narrow significantly, particularly for smaller companies unable or unwilling to absorb such a cost. It is important to note that this is still a proposed rule, not a final one. After DHS publishes the NPRM, there will be a public comment period during which individuals, employers, universities, and advocacy groups can submit formal objections or support. The final rule could be modified, withdrawn, or delayed based on legal challenges or public feedback. Immigration attorneys and affected individuals are advised to monitor the Federal Register for the official NPRM publication date and consider submitting public comments. Those currently on OPT or planning to apply should consult with a qualified immigration attorney to understand how this evolving rule may affect their current status and long-term green card strategy.