On October 8, 2026, the Department of Homeland Security (DHS) published a proposed rule that would require institutions to pay $70,000 before recommending an F-1 student for initial Optional Practical Training (OPT), and $30,000 for any subsequent OPT. For international offices, the headlines have already arrived on campus, along with questions from students who expect to graduate in the spring.
In this episode of Statutes of Liberty, Elise Fialkowski and Ian Wilson discuss the details of the proposed rule, its potential impact, and how institutions can guide students through it. Drawing on that conversation, this post outlines how universities and other educational institutions can communicate with their students while the rule remains a proposal. The episode was recorded on October 15, 2026. Because policy in this area is changing rapidly, there may be further developments since then.
Start Here: Nothing Has Changed Yet
The most important information for students to hear is that this is a proposed rule. It is not in effect, and current OPT processes have not changed. Students who are eligible for OPT today should continue to follow the normal application process and timelines. That message should appear early and often in student communications. When students read headlines about $70,000 fees, many will assume the change is already final.
Explain the Rulemaking Process and Timeline
Students do not need a detailed lesson in administrative law, but a simple explanation of the process can help ease anxiety. Advisors can walk students through the key milestones of this rule:
- Now through November 9, 2026, the public comment period is open.
- After November 9, DHS reviews the comments it receives.
- As early as mid-to-late January 2027, DHS could publish a final rule, which would take effect 60 days after publication.
Students will also want to know whether they could potentially be affected. The rule is designed to apply to OPT recommended after it takes effect, not OPT already recommended. On this timeline, students graduating in spring or summer 2027 may fall within the window, which is likely why so many are reaching out now. Advisors can be honest that the timing is uncertain while giving students a framework for knowing what to watch for and when.
Provide Context, Not Predictions
Students will benefit from understanding related developments. Similar recent rules and fees have been challenged in court, including the $100,000 H-1B fee and DHS’s rule to eliminate duration of status. The latter was enjoined the night before it was set to go into effect. Institutions and higher education organizations are expected to submit comments on the OPT proposal, and if a final rule is published, litigation is likely.
Institutions should be cautious not to suggest that a legal challenge will succeed or that the rule will be blocked. Instead, advisors should explain that the outcome is uncertain and that the institution is monitoring developments closely.
Avoid Overpromising
Students are understandably looking for certainty, and advisors are often asked whether the university will cover the fee, whether processing can be expedited, or whether a student should change their plans. Right now, most institutions cannot answer those questions definitively.
The rule places the fee on the institution but does not prohibit passing the cost on to students or employers. Given the size of the fees, few institutions are positioned to make commitments today, and most will not have a finalized internal protocol by January. Advisors should avoid promising that the institution will pay, but they also shouldn’t rule out options that may become available later.
Students may also ask whether they can speed up their OPT recommendation to get ahead of the rule. Because the rule is not in effect and standard authorization timelines still apply, there is no shortcut. A better approach is to let students know that once the final rule is known, advisors will meet with affected students individually to discuss their options.
Outline the Details That Impact Students
Students may hear inaccurate summaries of the proposal from peers or social media. Two points are worth explaining clearly. First, the rule includes a refund option, but it is narrow. Refunds are fully discretionary, cannot be appealed, and must be authorized before the student’s Employment Authorization Document (EAD) is issued. A student who receives OPT but cannot find a job would not qualify for a refund. Second, the rule does not yet settle whether the fee would apply again if a student pursues a new degree level. DHS has asked for public input on this question.
Coordinate Messaging Across Offices
The international office is not the only point of contact students have with a university. Prospective students, who are among the most affected by this proposal, often communicate through admissions, recruitment, and academic departments rather than the international office.
Institutions should coordinate messaging across these channels so that students hear consistent information. A brief internal FAQ or set of approved talking points can help admissions counselors, faculty advisors, and others answer common questions accurately and refer detailed questions to the international office. Conflicting messages can create confusion and undermine trust.
Keep Students Informed
Policies are changing quickly. Every communication about the OPT proposal should note the date it was issued and make clear that the situation may change. This protects the institution and helps students recognize when information may be outdated. Institutions should also commit to updating students at key milestones, such as the close of the comment period and the publication of any final rule. Letting students know when to expect the next update can reduce the volume of individual inquiries in the meantime.
Students are reassured when they know their institution is engaged. Without making promises, international offices can let students know that the institution is reviewing the proposal, considering a comment, and planning internally in case the rule is finalized. Students who are currently on OPT can also be encouraged to talk with their employers about H-1B lottery registration in March, even if they are in their first year of OPT.
Institutions may also mention the related developments affecting students, including recent SEVP guidance narrowing when Curricular Practical Training (CPT) is considered integral to a program, which is now the subject of NAFSA litigation. Acknowledging the broader landscape signals that the institution is paying attention to the full picture.
Key Steps for Institutions to Take Now
- Lead every message with the fact that this is a proposal.
- Explain the timeline in plain terms, including the November 9 comment deadline and a possible final rule in early 2027.
- Avoid commitments about who will pay or how OPT will be handled until the final rule is known.
- Clarify the refund and degree-level provisions so students are not relying on inaccurate summaries.
- Align messaging across offices, including admissions and recruitment teams who talk with prospective students.
- Date every communication and tell students when to expect the next update.
- Plan for individual advising sessions once the final rule is published.
- Consider submitting your own comment using institution-specific enrollment and OPT data, and watch for opportunities to support any litigation through organizations such as NAFSA.
If you have questions about the proposed OPT fee rule or how to communicate with your students, please reach out to a member of Klasko’s Universities, Hospitals & Research Institutions team or request a consultation.
Listen to the full episode to learn how you can navigate today’s evolving immigration landscape. Subscribe to Statutes of Liberty on Apple Podcasts, Spotify, Amazon Music, and JioSaavn.
The material contained in this post does not constitute direct legal advice and is for informational purposes only. An attorney-client relationship is not presumed or intended by receipt or review of this presentation. The information provided should never replace informed counsel when specific immigration-related guidance is needed.
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