US proposes $70,000 OPT fee for foreign graduates, including Nigerians

The United States has proposed a $70,000 fee for each international student who starts Optional Practical Training (OPT), the scheme that lets foreign students work in their field of study during or after their course, according to a proposed rule published in the Federal Register on Thursday, 8 October 2026.

The Department of Homeland Security (DHS), which issued the rule through US Immigration and Customs Enforcement, said a further $30,000 would be charged for any later period of OPT, including the extension for science, technology, engineering and maths (STEM) graduates. The fee would be paid by the student’s school, which could pass the cost on to the student or an employer, the rule says.

Why does it matter to Nigerians?

There were 21,847 Nigerian students in the US in the 2024/25 academic year, the eighth-highest number from any country, according to the Institute of International Education’s Open Doors data. Of those, 4,394, about one in five, were on OPT.

Through OPT, students can generally work for one year after graduating, and certain STEM graduates can work for two more years, the Associated Press reported, in a story carried by PBS NewsHour and Vanguard.

“We know that OPT is one of the reasons that international students choose to study in the United States,” Sarah Spreitzer, a vice president at the American Council on Education, which represents college and university presidents, said, according to the AP.

What exactly is being proposed?

Under the rule, the $70,000 fee would apply to a student’s first period of OPT, whether taken before or after graduation. Schools would have to pay it before their designated school official recommends the student for OPT. A school could ask for a refund if the student is not granted an OPT work permit, the Federal Register notice says.

DHS says the fees are meant to combat fraud. In a statement, it described the programme as a “pipeline for cheap foreign labor”, according to the AP and Vanguard.

The rule says 194,554 students on F-1 student visas were granted OPT work permits and reported working in 2024, and that about 20 per cent of the 1.4 million F-1 students in higher education took part in OPT that year.

Who is against it?

Higher education groups and some businesses oppose the plan, the AP reported. Fanta Aw, chief executive of NAFSA, an association representing international educators, said in a written statement: “Driving away the talents, perspectives, and aspirations of international students will only hurt American innovation.”

Steven Brown, an immigration lawyer in Houston, said, according to the AP: “I think this is the next level of attack, and I think it’s a design to kill the program without killing the program.” He said he did not expect many schools to pay $70,000 per student.

Doug Rand, a former senior adviser at US Citizenship and Immigration Services under the Biden administration, predicted that the fee would be struck down in court, the AP reported.

How does it fit with other US changes?

New international student enrolment in the US fell by 17 per cent last autumn, the sharpest drop since the Covid-19 pandemic, the AP reported. A $100,000 fee on H-1B work visas has also been challenged in court, and a federal court in September blocked a separate rule limiting how long international students can stay, according to the AP.

What happens next

The public can comment on the proposal until Monday, 9 November 2026, according to the Federal Register. DHS would then decide whether to finalise the rule. It proposes that the final rule take effect 60 days after publication, and that the $70,000 fee apply to students whose OPT recommendation is dated on or after that day.

Legal challenges by universities or business groups could delay or block the rule, the AP reported.