The Department of Homeland Security has proposed charging schools $70,000 for a student’s first Optional Practical Training grant and $30,000 for each subsequent OPT recommendation, including STEM extensions. Public comments on the proposed rule are due November 9.
The fee would fall on schools certified by the Student and Exchange Visitor Program, which would have to pay before a designated school official could issue the updated Form I-20. The proposal allows schools to pass the obligation to students or employers.
For a STEM graduate who uses both the initial grant and the extension, the fees would total $100,000. A graduate taking only the standard 12 months of OPT would face the $70,000 figure alone. Either way, the cost could reshape the financial calculations international students and their families make when planning to stay and work in the United States.
Traditionally, international graduates have followed a predictable sequence toward permanent residency: an F-1 student visa, then OPT, then an H-1B work visa, then the PERM employment-based process. That sequence is under pressure at the end, too. On October 8, the Labor Department suspended eight technology and information technology services companies, including Microsoft and Infosys, from the PERM program.
The proposed fees could make the EB-5 visa a more appealing alternative for families with significant capital. However, the program’s financial and legal realities require careful consideration.
How could the proposed fees affect F-1 students?
The impact may depend on how far along students are in their studies.
Juniors and seniors may feel the effects soonest as graduation approaches. They will enter a job market shaped by whether schools absorb the fee, bill it to students, or shift it to hiring employers. Students already in the United States may file an EB-5 investor petition and an adjustment-of-status application (Form I-485) at the same time. That process, called concurrent filing, may allow them to apply for work authorization.
Freshmen and sophomores may find fewer companies offering internships to international students if employers learn about them only through their schools. Starting an EB-5 petition early could buy more time and may help students obtain a separate work permit before entering the job market.
Students considering U.S. universities, and their families, may need to weigh as much as $100,000 in additional fees against tuition and other costs. Families with enough capital could start the EB-5 process before enrollment, aiming for a green card or an Employment Authorization Document before graduation. A student who obtains permanent residence does not need OPT at all and, in most states, becomes eligible for in-state tuition.
A caveat on concurrent filing
That strategy carries a risk it didn’t a year ago. In May, U.S. Citizenship and Immigration Services reframed adjustment of status as a discretionary, extraordinary form of relief rather than a routine filing, and an August policy directs officers to deny incomplete applications without first requesting evidence.
Both remain in effect while a federal lawsuit proceeds in the U.S. District Court for the District of Massachusetts. Concurrent filing is still available, but approval is less predictable than it was.
What to weigh on EB-5
The EB-5 program may offer a path to a green card through a minimum $800,000 investment in a targeted employment area. It is not a simple or guaranteed solution, and the requirements below carry real cost and timing risk.
| EB-5 program element | Requirements and limitations |
| Capital investment | A minimum of $800,000 in a targeted employment area, or $1.05 million elsewhere, plus substantial legal and administrative fees. Both figures rise Jan. 1, 2027, under the Reform and Integrity Act’s automatic inflation adjustment. USCIS has not yet published the new amounts; practitioner estimates for the targeted employment area minimum run from $850,000 to roughly $937,500. |
| Concurrent filing | Students in the United States may file an EB-5 petition and Form I-485 together only when a visa is available in their category. All three reserved categories — rural, high unemployment and infrastructure — are current for every country, including India and China, so students from those countries can file concurrently through a set-aside investment. The unreserved category is backlogged: China at a Dec. 1, 2016, final action date and India at Dec. 1, 2023. |
| Work permit timing | Starting an EB-5 petition early, or before enrollment, does not guarantee an Employment Authorization Document will arrive before graduation. Check USCIS’s published processing times for Form I-765 before relying on it. |
What other options are there?
EB-5 is one of several possible pathways if the proposed rule is finalized:
- O-1 “extraordinary ability” visa: Suited to individuals with a record of major achievements in science, education, business, and the arts. It has no annual cap and does not require OPT, though applicants must meet a very high bar of professional achievement.
- Day 1 Curricular Practical Training: Students may enroll in another degree program at a school that allows CPT from day one, letting them start working sooner. The proposed fee does not cover CPT, which may be why these programs draw more interest. But they require careful compliance and can trigger intense government scrutiny later in the green card process.
- Employer-funded sponsorship: Some well-resourced employers may still cover the proposed $70,000 fee for exceptional candidates, though competition for those positions could intensify.
DISCLAIMER: The views expressed in this article are solely the views of the author and do not necessarily represent the views of the publisher, its employees. or its affiliates. The information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public; do not include confidential information in your question.
