Timely Update on Proposed OPT Fee
Yesterday, October 8, 2026, the Department of Homeland Security (DHS) published a proposed new rule charging fees for Optional Practical Training (OPT). This is a proposal only and is not in effect. There are no changes to current OPT eligibility or application procedures at this time.
Before any new rule takes effect, it must go through a federal rule making process, which includes a 30-day public comment period that ends on November 9, 2026. Individuals may submit public comments during this comment period in their personal capacity; comments should not state or imply they are speaking on behalf of Middlebury.
After the public comment period closes, DHS must review and respond to all comments, create a final rule, and complete additional federal review requirements before publishing the final rule in the Federal Register. This process typically takes many months and may take substantially longer. A final rule is not expected in the near future. For example, the recent duration of status (D/S) rule was proposed in August 2025 and was not published until September 2026. As in the case of the D/S rule, legal challenges are also expected for the OPT rule.
As proposed, colleges and universities would be required to pay DHS a $70,000 fee before recommending a student for initial OPT, and $30,000 before recommending a student for any subsequent OPT authorization. Institutions may choose to absorb those costs or pass some or all of them on to students, employers, or others. Middlebury, along with our professional organizations, are reviewing the proposal and its potential implications. There are several steps remaining before any changes take effect, and the proposal could be revised, delayed, challenged in court, or not take effect as proposed.
ISSS is here to support you. We know that these continual regulatory proposals and changes may bring fear, anxiety, and feelings of being unwelcome for some international students. Even though these proposals, and continued litigation remain uncertain, we hope that you know we are committed to supporting our international community. We will continue to update you as we have further information.
You may visit our Timely Updates webpage for the most recent updates shared. As well, if you need support or have questions, please reach out directly to us at isss@middlebury.edu.