DHS frames these fees as a way to combat fraud, strengthen the integrity of the immigration system, and protect U.S. workers. The agency cites its authority under Section 102 of the Homeland Security Act of 2002 and Section 214(a) of the Immigration and Nationality Act to prescribe the time and conditions of nonimmigrant admission. According to the proposed rule, DHS has historically regulated practical training as part of the "time" and "conditions" of F-1 status, and the new fee is presented as an extension of that existing authority.
The fees would apply to each F-1 nonimmigrant student engaging in OPT through a Student and Exchange Visitor Program-certified institution. The document does not specify whether the fees apply to all fields of study or only certain ones, nor does it clarify how the fees would be collected, who collects them, or what happens if a student cannot pay. It also does not state when these fees would take effect if the rule is finalized, only that the proposed rule itself becomes effective November 9, 2026.
F-1 nonimmigrants are defined in the Immigration and Nationality Act as bona fide students who have a residence in a foreign country and wish to enter the United States temporarily and solely for the purpose of pursuing a full course of study at an academic or accredited language training school. The authority to admit foreign students on a temporary basis dates back to the Immigration Act of 1924, in which Congress first established a student visa category requiring schools to report to the Secretary of Labor the termination of attendance of each immigrant student. In the decades that followed, regulations codified a hands-on educational program for F-1 nonimmigrants related to their field of study, known as practical training.
Within DHS, U.S. Immigration and Customs Enforcement (ICE) administers the Student and Exchange Visitor Program (SEVP) and the Student and Exchange Visitor Information System (SEVIS), which collects information related to nonimmigrant students and exchange visitors and shares data with other federal agencies with national security, immigration enforcement, and immigration benefit adjudication responsibilities. Participating schools must be certified by ICE's SEVP.
To submit comments, you must use the Federal eRulemaking Portal at regulations.gov and search for Docket No. ICEB-2026-0100. Comments must be submitted in English or with an English translation, must reference the specific section of the rule you're addressing, and must include data or authority supporting your position. DHS will not accept comments submitted by email, letter, hand delivery, courier, or on digital storage devices. Comments must be received by 11:59 p.m. ET on November 9, 2026.
If you want to comment on the information collection aspects of the rule—the paperwork burden it creates—you can submit those comments to the Office of Management and Budget's Office of Information and Regulatory Affairs instead of or in addition to the DHS docket. Those comments must include the OMB Control Number and can be sent to OIRA@omb.eop.gov, faxed to 202-395-6566, or mailed to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street NW, Washington, DC 20503, Attention: Desk Officer, U.S. Immigration and Customs Enforcement, DHS. The deadline for OIRA comments is December 7, 2026.
When submitting comments through regulations.gov, insert "ICEB-2026-0100" in the search box, click on the rule that appears in the search results, click on the "Comment" box under the name of the rule, and input your comments in the text box provided. Follow the prompts and then click "Submit Comment. DHS will post your comments to the federal eRulemaking Portal and will include any personal information you provide, making it public. DHS may withhold from public viewing information it determines is offensive or otherwise inappropriate for posting. You may wish to consider limiting the amount of personal information you provide in any voluntary public comment submission.
You can also view comments and documents related to this rulemaking by going to regulations.gov, inserting "ICEB-2026-0100" in the search box, clicking on "Open Docket Folder," and then clicking on "View Comment" or "View All" under the "Comments" section. You may sign up for email alerts on the online docket to be notified when comments are posted or a final rule is published.
The document does not explain the rationale behind the specific dollar amounts, whether there are exemptions for students from particular countries or studying particular fields, or how DHS arrived at these figures. It also does not address what happens to students already in OPT when the rule takes effect, or whether the fee would be waived in any circumstances. For questions about the rulemaking process itself, you can contact the Office of the Principal Legal Advisor, Regulatory Affairs Unit, U.S. Immigration and Customs Enforcement, at 202-732-6960, though DHS notes this line is for questions only and will not accept comments.
General information, not legal, immigration or tax advice. Confirm the details with Homeland Security Department before you act.
