Study Abroad Content Writer | Updated On - Aug 29, 2026
The White House began reviewing an ICE proposal to add a new OPT fee on August 29, 2026. The rule targets Indian F-1 graduates who use Optional Practical Training and STEM OPT after their degrees. The Office of Information and Regulatory Affairs (OIRA) has tagged the plan as "economically significant", meaning at least USD 100 million in yearly impact. F-1 applicants currently pay only the USCIS Form I-765 filing fee, with no separate OPT charge.
- Roughly 97,556 Indian students were on practical training in 2023-24, per Open Doors, the single largest OPT cohort of any country.
- ICE wants a new OPT-specific fee layered on top of the existing Form I-765 filing fee and the USD 350 SEVIS I-901 fee.
- The "economically significant" label forces a full cost-benefit review, so the rule is likely to reach public notice-and-comment before it takes effect.
OPT is the 12-month work permit that lets F-1 graduates take US jobs tied to their degree. STEM graduates get an extra 24 months, taking the total to 36 months. The proposal now sitting with OIRA would put a price tag on that permission for the first time.
Also Read: F-1 Student Visa USA
What Is ICE Proposing for the New OPT Fee?
ICE’s Student and Exchange Visitor Program (SEVP) has sent a draft rule to OIRA for pre-publication review. The plan would introduce a standalone OPT fee inside the F-1 route. This charge would sit alongside the SEVIS I-901 fee students already pay when they get their initial Form I-20.
The exact dollar amount is not public while OIRA review is on. Under US rulemaking law, the fee will be disclosed in the notice of proposed rulemaking published in the Federal Register.
Important Distinction: The Form I-765 fee goes to USCIS for processing the work permit. This new charge is an ICE/SEVP fee tied to the OPT authorisation itself. Indian graduates would pay both, not one instead of the other.
How Many Indian Students Depend on OPT and STEM OPT?
India is the largest source country for US practical training. Open Doors 2023-24 counted 331,602 Indian students in the US, with 97,556 on OPT or STEM OPT. That means nearly one in three Indian students in the US relies on this route to start a career.
| OPT Route | Duration | Who It Covers |
|---|---|---|
| Standard OPT | 12 months | All F-1 graduates in any field |
| STEM OPT Extension | 24 additional months | Graduates in DHS-listed STEM fields |
| Total (STEM) | Up to 36 months | Indian STEM master’s and PhD holders |
Most Indian graduates come from engineering, computer science, and data science programmes. These majors sit on the DHS STEM Designated Degree Program list. A new OPT fee would touch that entire cohort.
What it means for Indian Students: A STEM graduate today pays the SEVIS I-901 fee once and the Form I-765 fee once for OPT, then again for the STEM extension. If the new fee is charged per authorization, Indian STEM grads may pay it twice across the 36-month runway.
Why the "Economically Significant" Tag Matters
Under Executive Order 12866, any rule with an annual effect of USD 100 million or more is "economically significant". That triggers a full Regulatory Impact Analysis by ICE. It also gives OIRA up to 90 days of review, extendable once.
The label is a size signal, not a green light. It tells applicants that the fee will move real money, and that a formal comment window is coming before the charge starts.
What Happens Next in the OIRA Review?
Once OIRA clears the draft, ICE publishes it in the Federal Register as a proposed rule. That opens a public comment window, usually 30 or 60 days. Indian students, universities, and employers can file objections during that period.
After comments close, ICE reviews the record and issues a final rule. Only then does the fee take effect, on a date the final rule names. Nothing changes for OPT applications filed today.
Key Caveat: An OIRA review can end in withdrawal, revision, or approval. The rule is not law until the Federal Register final notice is published with an effective date.
How Should Indian F-1 Graduates Prepare?
The safe read: assume the fee lands but do not panic-file. Standard OPT applications must go in within the 90-day pre-completion or 60-day post-completion window set by USCIS. Filing early to dodge a future fee is not permitted.
- Track the Federal Register under RIN filings tagged to ICE/SEVP for the OPT fee notice.
- Talk to your DSO at your Designated School Official before your programme end date to lock in your OPT window.
- Budget an extra buffer of USD 500 to USD 1,000 in your OPT and STEM OPT cost sheet as a placeholder.
- File public comments once the proposed rule opens for input, either directly or through your university.
- Keep SEVIS status active and avoid any unauthorised work that could risk your F-1 status before OPT starts.
Indian F-1 graduates targeting the Fall 2026 and Spring 2027 cohorts are the first to face this uncertainty. The rule is under review as of August 29, 2026, but no charge applies to any OPT application filed before the final rule takes effect. Watch the Federal Register for the proposed rule text, since that is the first moment the exact dollar figure becomes public.
Next Key Date for OPT Applicants: Watch for the ICE proposed rule to appear in the Federal Register after OIRA clears the review. That publication opens the public comment window and reveals the fee amount for the first time.
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