Proposed $70,000 OPT Fee Could Reshape The Path From U.S. Education To Employment
Updated: 8 hours ago
For years, the U.S. has attracted international students with the promise of not only a world-class education, but also the opportunity to gain professional experience and potentially build a long-term future in the country. For many F-1 students, that path has traditionally looked something like: F-1 Student → OPT → H-1B → Permanent Residence. A new proposal from the Trump administration could make that pathway significantly more expensive and uncertain.
On October 7, 2026, the U.S. Department of Homeland Security (DHS) proposed a rule that would require educational institutions to pay $70,000 for an F-1 student's initial participation in Optional Practical Training (OPT) and $30,000 for each subsequent OPT recommendation. The proposal is intended by DHS to address fraud and abuse in the program, strengthen immigration-system integrity, and protect U.S. workers. The proposal is not yet final, but it could have significant implications for international students, universities and employers.
What Would the $70,000 OPT Fee Mean?
Under the proposed rule, an institution certified to enroll international students would pay $70,000 when it first recommends an F-1 student for OPT. A subsequent OPT recommendation would carry an additional $30,000 fee. The fee is tied to the student's OPT participation rather than to a particular employer.
The fee would technically be charged to the educational institution - not directly to the student. However, DHS acknowledges that institutions could potentially pass the cost to students, employers or the broader student body.
That distinction matters, but it does not necessarily eliminate the financial impact on international students. A university facing a $70,000 cost for each student it recommends for OPT may decide to absorb the expense, pass some or all of it along, or become more selective about which students it recommends. For comparison, students currently pay an OPT application fee of roughly $500, while universities do not currently face a comparable OPT participation fee.
Why Is the Administration Proposing This?
DHS says the proposed fees are intended to combat fraud, strengthen the integrity of the immigration system and protect U.S. workers.
The agency has cited concerns about students using fraudulent or questionable employment arrangements to maintain OPT status. DHS says the proposed fee could encourage universities to conduct greater scrutiny before recommending students for the program. The administration has also argued that employers affected by the change can recruit U.S. citizens or other workers with lawful work authorization.
Critics, however, argue that the proposal could discourage international students from studying in the U.S. and weaken the country's ability to attract highly educated global talent, particularly in STEM fields.
Potential Impact on International Students
The proposed rule comes at a time when international enrollment is already facing significant uncertainty. International students have historically viewed the ability to gain work experience after graduation as one of the advantages of studying in the U.S. Education organizations have warned that making OPT substantially more expensive could make U.S. universities less attractive compared with alternatives in other countries. For students planning their education and immigration strategy, the issue therefore extends beyond the cost of one program. It raises a broader question:
What happens if the traditional path from U.S. education to employment becomes more difficult?
The F-1 → OPT → H-1B Path Is Becoming Less Predictable
OPT has traditionally provided international graduates with time to gain U.S. work experience and, in many cases, pursue H-1B sponsorship. But OPT is not the only part of the immigration landscape that has become more uncertain.
The administration has also pursued significant changes involving H-1B visas, including efforts to impose substantially higher fees. H-1B has historically been an important pathway for U.S. employers seeking to retain highly skilled international graduates.
As a result, international students who once viewed the F-1 → OPT → H-1B progression as a relatively straightforward long-term plan may now want to consider their immigration options earlier.
That does not mean every international student needs an alternative to OPT or H-1B. The proposed OPT fee could also be modified, delayed or challenged before it becomes effective. But it does highlight the value of having a broader immigration strategy.
Where Does EB-5 Fit In?
For certain international students and graduates, EB-5 may provide another potential pathway to U.S. permanent residence that does not depend on employer sponsorship, the H-1B lottery or continued employment with a particular company.
Unlike F-1, OPT and H-1B, EB-5 is an immigrant visa program. An eligible investor may pursue permanent residence by making a qualifying investment in a new commercial enterprise and satisfying the program's applicable job-creation requirements.
This distinction can be particularly relevant for international students who have accumulated significant savings or have family resources available for investment. Instead of relying entirely on a sequence such as:
F-1 → OPT → H-1B → Employer Sponsorship → Green Card
An eligible individual may evaluate whether an investment-based immigration strategy could provide a more direct route toward permanent residence. EB-5 does not replace OPT or H-1B, and it is not appropriate for everyone. The program has its own investment, source of funds, job creation, immigration and investment-risk requirements. But for students and families who are already thinking several years ahead, it may be worth understanding the option before reaching a point where an employment-based pathway becomes difficult.
EB-5 Concurrent Filing Can Provide Greater Work Flexibility
For eligible international students already in the U.S., another potential advantage of EB-5 is concurrent filing. When an immigrant visa is available, eligible investors may be able to file their EB-5 petition and adjustment of status application at the same time. A pending I-485 can also allow the applicant to apply for an Employment Authorization Document (EAD) while the application is being processed.
This EAD can provide broader employment flexibility than OPT. OPT employment must generally be directly related to the student's major or field of study, while an EAD based on a pending adjustment of status is not subject to that same field of study restriction. For an international student, this can mean greater flexibility to change employers, pursue opportunities in a different industry, or change career direction while pursuing permanent residence through EB-5.
In other words, EB-5 concurrent filing can potentially provide both a pathway toward a green card and more flexible work authorization while the application is pending.
(*) Concurrent filing and employment authorization depend on individual eligibility, visa availability and other immigration requirements. Prospective applicants should consult qualified immigration counsel.
Why Timing and Planning Matter
One of the biggest lessons from recent immigration policy changes is that the pathway available today may not look the same several years from now.
An international student beginning a four-year degree may be making immigration decisions based on policies that could change before graduation. Similarly, a student currently relying on OPT may eventually face changes to H-1B eligibility, employer sponsorship or other employment-based immigration programs. That makes long-term planning increasingly important.
For some families, EB-5 may be considered alongside employment-based options rather than only after those options have been exhausted. The goal is not necessarily to abandon the traditional F-1 → OPT → H-1B pathway. Rather, it is to understand the available alternatives and determine which strategy best fits the individual's circumstances, financial position and long-term goals.
How ARCFE Helps Investors Evaluate EB-5 Opportunities
ARCFE is a USCIS-designated regional center established in 2013. Through our affiliation with iCross Capital, our platform combines EB-5 experience with a broader real estate investment and lending platform.
Since 2013, ARCFE has worked on more than 20 EB-5 projects, while the broader iCross platform has been involved in more than 60 real estate funds and developments. ARCFE is the first EB-5 regional center to complete post-RIA $800,000 capital repayments to eligible investors. These repayments demonstrate our experience managing EB-5 funds from deployment through project completion and repayment. For prospective EB-5 investors, however, the immigration strategy is only one part of the decision.
The $800,000 EB-5 investment is real capital, and where that capital is invested matters. Investors should evaluate not only the immigration requirements of a project, but also the underlying real estate, capital structure, senior debt, collateral, job creation cushion, project sponsors and the experience of the regional center and project team.
ARCFE's approach is grounded in this combination of immigration awareness and real-estate investment experience.
Explore our recent post-RIA investor repayments:
These repayments represent more than the return of investor capital. They reflect the importance of disciplined fund administration, careful project and capital management, ongoing monitoring, and coordination among the regional center, project sponsors, attorneys, and investors.
A Changing Immigration Environment Calls for Broader Planning
The proposed $70,000 OPT fee is not yet law, and its ultimate form remains uncertain. The proposal is subject to public comment and could be changed or challenged before taking effect. Students who have already been approved for OPT before any final rule takes effect would not be subject to the new fee under the proposal.
Nevertheless, the proposal is another reminder that immigration pathways can change quickly. For international students, the traditional route from F-1 to OPT to H-1B may continue to be viable. But for those seeking greater long-term certainty, it may also be worth understanding other potential pathways to permanent residence - including EB-5 well before a decision becomes urgent.
For international students and their families, immigration planning should not begin only when one pathway stops working. Understanding the alternatives early can provide more flexibility when the rules change.
Speak with our EB-5 specialist and learn how the program can help you achieve permanent residency.
