Higher Education Groups Sue DHS Over CPT Restrictions
A consortium of higher education organizations has sued the U.S. government over abrupt changes to Curricular Practical Training guidance.
A consortium of higher education organizations has sued the U.S. Department of Homeland Security over sudden restrictions on work training for international students. The legal challenge comes alongside a proposed rule that would impose a $70,000 fee for participation in the Optional Practical Training program.
The lawsuit, filed by the Association of American Universities, the Presidents’ Alliance on Higher Education and Immigration, NAFSA, and the Association of Independent Colleges and Universities in Massachusetts, targets DHS, Immigration and Customs Enforcement, and the Department of Justice. It argues that two broadcast memos issued by ICE in August 2026 abruptly changed a 35-year-old policy on Curricular Practical Training. The memos signaled greater scrutiny of CPT placements, warning that institutions suspected of misusing the program for work rather than academics could lose their certification to host international students.
The fallout was immediate. Many institutions across the country paused their authorization of elective CPT programs. The plaintiffs claim the administration sidestepped the formal rulemaking process, issuing the change without substantive explanation or opportunity for public comment. They are seeking to restore the longstanding CPT framework to protect students and institutions from retroactive penalties.
Proposed OPT Fee Increases Spark Concern
Separately, the Department of Homeland Security has proposed a dramatic fee increase for Optional Practical Training. The proposed rule, set for official publication on October 8, outlines a $70,000 fee for each student seeking initial OPT authorization. Students eligible for an extension, such as STEM graduates, would face an additional $30,000 fee.
The fee structure represents a massive jump from the current $500 cost typically paid by the student. Under the proposal, the fee would be paid by the student's university, which could then seek to recover the cost from employers or the students themselves. DHS claims the new rule is needed to combat fraud and abuse of the OPT program. The agency also stated the fee would deter employers from trying to circumvent new and proposed H-1B visa fees by employing foreign nationals on OPT.
| Fee Type | Proposed Amount |
|---|---|
| Initial OPT Application | $70,000 |
| OPT Renewal | $30,000 |
More than 294,000 students participated in OPT in the 2024/25 academic year, a 21% increase over the prior year. Surveys indicate a strong majority of international students would not choose to study in the United States if they could not access OPT after graduation.
Impact on Students and Institutions
The combined legal and regulatory actions threaten to significantly deter international students from studying in the United States. The CPT lawsuit argues the ICE memos have already sharply restricted access to internships and other hands-on learning opportunities critical to academic programs. Meanwhile, the proposed OPT fees could place an immense financial burden on universities and students alike.
These moves are part of a broader administration effort to tighten immigration rules. The administration has previously terminated the legal status of thousands of international students and finalized a rule limiting student stays to four years, though a federal court blocked that rule in September. Legal challenges from higher education groups and businesses are expected if the OPT fee rule is finalized.
Next Steps in the Regulatory Process
The proposed OPT fee rule is not yet final. It will be published in the Federal Register on October 8, opening a 30-day public comment window. The rule will not take effect until DHS reviews those comments and publishes a final version. The public will have 60 days to comment before DHS makes its final decision.
