Two recent actions by the Department of Homeland Security (DHS) aim to limit the ability of international students on F-1 visas to work in the United States. Both developments are relevant to students and the companies that hire them. On October 8, DHS proposed new fees of $70,000 and $30,000 for Optional Practical Training (OPT). In August, DHS issued “broadcast messages” that narrowed the rules for Curricular Practical Training (CPT); a group of university associations sued to reverse the change.
Proposed regulation requiring new OPT fees of $70,000 and $30,000
OPT allows F-1 students to work in their field of study for up to 12 months. Students with degrees in science, technology, engineering or math (STEM) may extend OPT for another 24 months in certain circumstances. On October 8, DHS published a proposed rule that would charge a fee each time a school recommends a student for OPT. The fees would be $70,000 the first time a student is recommended for OPT; and $30,000 for each later recommendation for that student, including a STEM extension.
For a STEM graduate who uses both regular OPT and the extension, the fees would total $100,000. The school would have to pay the fee before recommending the student for OPT; the cost may be passed on to students or to employers. The fee would be tied to the student rather than to a job, so changing employers would not trigger the fee again.
The rule is not final and no one owes the fee today. Comments are due by November 9, 2026, and can be submitted through regulations.gov. If a final rule is issued, it would take effect 60 days after publication and would apply only to OPT recommendations dated on or after that date. Students already on OPT, or already recommended for it, would not owe the fee. However, the fee would attach to a later OPT request, such as for the STEM extension.
As with other recent fee proposals, legal challenges are likely if the rule is finalized.
SEVP issues narrower reading of CPT eligibility rules; reading is challenged by lawsuit
CPT allows F-1 students to take part in internships and other training while they are still in school, if the training is part of their degree program. In messages to school officials on August 12 and August 24, the Student and Exchange Visitor Program (SEVP) took a much narrower view than before regarding CPT eligibility. In the August 12 message, it said:
[School officials] can only authorize CPT when the training is an integral part of an established curriculum and is directly related to the student’s major area of study. CPT cannot be authorized solely for the purpose of employment or for experiences that are not required or otherwise formally recognized as part of the academic program. … [School officials should only] authorize CPT if its absence would make the attainment of a degree an impossibility and if the work associated with CPT is required for all students pursuing that degree.
SEVP described the messages as “reminders” of existing rules rather than a change. SEVP warns that schools that approve CPT outside the new limits could lose their ability to enroll international students, and that school officials who sign CPT approvals could face penalties for providing false information.
On October 5, the Association of American Universities and others sued DHS in federal court. In their complaint they argued that SEVP’s prior interpretations of these rules allowed CPT for any internship that earned academic credit, or for non-credit training that the degree required; and that SEVP’s messages amounted to reversing a long-standing rule without notice or comment, among other objections. The complaint asked the court to block the new interpretation and restore the earlier one.
The litigation is at an early stage, and SEVP’s narrower interpretation remains in effect while the case proceeds. In the meantime, foreign nationals who have been granted CPT under the prior interpretation may find that their applications for future immigration benefits come in for additional scrutiny.
In conclusion, employers planning to hire F-1 students or recent graduates in 2027 should not assume that CPT or OPT will be available on the same terms as before. Students should speak with their school officials if they have questions. We will continue to follow the proposed rule and the lawsuit and will share updates as they develop.
Chris Beckerson © Jewell Stewart Pratt Beckerson & Carr PC 2026
