What would a $70,000 fee on Optional Practical Training (OPT) mean for your institution, your students, and the employers who hire them?

In this episode, host Elise Fialkowski is joined by Ian Wilson to break down the Department of Homeland Security’s (DHS) proposed rule, published October 8, that would impose significant new fees on F-1 students’ OPT. Drawing on decades of experience advising universities, including Ian’s eight years in-house at a university, they explain how the rule would work, who would pay, and why the timing matters for the spring 2027 OPT cycle.

Under the proposal, institutions would pay $70,000 before recommending a student’s initial OPT and $30,000 for any subsequent OPT. Elise and Ian discuss:
The proposed timeline, including the November 9 comment deadline and a possible final rule as early as January 2027
Why universities and employers should submit comments, and what makes a comment effective
Parallels to the recently enjoined rule eliminating duration of status
The rule’s narrow refund provisions and open questions about fees across degree levels
How international offices can communicate with current and prospective students
What employers with OPT and STEM OPT employees should consider now

They also look at how the proposal fits alongside recent changes to Curricular Practical Training (CPT) guidance and H-1B fees. The episode was recorded on October 15, 2026, and as Elise and Ian emphasize, this is still only a proposed rule. Nothing has changed yet.

Whether you’re advising international students, managing a university’s immigration program, or hiring OPT talent, this episode offers a clear look at what’s proposed, what isn’t in effect, and how to prepare.

Speakers on this episode are:
Elise Fialkowski, Partner 
Ian Wilson, Senior Associate

Stay connected with us:
Follow us on LinkedIn, Instagram, and Facebook.
Sign up for our newsletter and email updates.

Schedule a consultation here.

What would a $70,000 fee on Optional Practical Training (OPT) mean for your institution, your students, and the employers who hire them?
In this episode, host Elise Fialkowski is joined by Ian Wilson to break down the Department of Homeland Security&rsquo;s (DHS) proposed rule, published October 8, that would impose significant new fees on F-1 students&rsquo; OPT. Drawing on decades of experience advising universities, including Ian&rsquo;s eight years in-house at a university, they explain how the rule would work, who would pay, and why the timing matters for the spring 2027 OPT cycle.
Under the proposal, institutions would pay $70,000 before recommending a student&rsquo;s initial OPT and $30,000 for any subsequent OPT. Elise and Ian discuss:
<ul>
<li>The proposed timeline, including the November 9 comment deadline and a possible final rule as early as January 2027</li>
<li>Why universities and employers should submit comments, and what makes a comment effective</li>
<li>Parallels to the recently enjoined rule eliminating duration of status</li>
<li>The rule&rsquo;s narrow refund provisions and open questions about fees across degree levels</li>
<li>How international offices can communicate with current and prospective students</li>
<li>What employers with OPT and STEM OPT employees should consider now</li>
</ul>
They also look at how the proposal fits alongside recent changes to Curricular Practical Training (CPT) guidance and H-1B fees. The episode was recorded on October 15, 2026, and as Elise and Ian emphasize, this is still only a proposed rule. Nothing has changed yet.
Whether you&rsquo;re advising international students, managing a university&rsquo;s immigration program, or hiring OPT talent, this episode offers a clear look at what&rsquo;s proposed, what isn&rsquo;t in effect, and how to prepare.
Speakers on this episode are:
<ul>
<li><a href="https://www.klaskolaw.com/team/elise-fialkowski/">Elise Fialkowski</a>, Partner </li>
<li><a href="https://www.klaskolaw.com/team/ian-wilson/">Ian Wilson</a>, Senior Associate</li>
</ul>
Stay connected with us:
<ul>
<li>Follow us on <a href="https://www.linkedin.com/company/klaskoimmigration/">LinkedIn</a>, <a href="https://www.instagram.com/klaskoimmigrationlaw/">Instagram</a>, and <a href="https://www.facebook.com/klaskoimmigrationlaw/">Facebook</a>.</li>
<li>Sign up for our <a href="https://www.klaskolaw.com/subscribe/">newsletter and email updates</a>.</li>
</ul>
Schedule a consultation <a href="https://www.klaskolaw.com/contact/">here</a>.

Welcome to Statutes of Liberty: An Immigration Podcast by Klasko Immigration Law Partners. 

The United States is many things: a great melting pot, a nation of immigrants, a land of opportunity. Millions have journeyed here seeking freedom and the chance for a better life. Belief in the American ideal means providing opportunities for everyone, regardless of race or birthplace, to achieve their highest potential. 

Join us as we unravel the ins and outs of American immigration policy, from the issues of today to the historic basis for laws already in place.

Statutes of Liberty

Join the attorneys of Klasko Immigration Law Partners in this podcast, Statutes of Liberty, as we unravel the ins and outs of American immigration policy, from the issues of today to the historic basis for laws already in place.

Join the attorneys of Klasko Immigration Law Partners in this podcast, Statutes of Liberty, as we unravel the ins and outs of American immigration policy, from the issues of today to the historic basis for laws already in place.

What would a $70,000 fee on Optional Practical Training (OPT) mean for your institution, your students, and the employers who hire them?  In this episode, host Elise Fialkowski is joined by Ian Wilson to break down the Department of Homeland Security’s (DHS) proposed rule, published October 8, that would impose significant new fees on F-1 students’ OPT. Drawing on decades of experience advising universities, including Ian’s eight years in-house at a university, they explain how the rule would work, who would pay, and why the timing matters for the spring 2027 OPT cycle.  Under the proposal, institutions would pay $70,000 before recommending a student’s initial OPT and $30,000 for any subsequent OPT. Elise and Ian discuss:  •	The proposed timeline, including the November 9 comment deadline and a possible final rule as early as January 2027 •	Why universities and employers should submit comments, and what makes a comment effective •	Parallels to the recently enjoined rule eliminating duration of status •	The rule’s narrow refund provisions and open questions about fees across degree levels •	How international offices can communicate with current and prospective students •	What employers with OPT and STEM OPT employees should consider now  They also look at how the proposal fits alongside recent changes to Curricular Practical Training (CPT) guidance and H-1B fees. The episode was recorded on October 15, 2026, and as Elise and Ian emphasize, this is still only a proposed rule. Nothing has changed yet.  Whether you’re advising international students, managing a university’s immigration program, or hiring OPT talent, this episode offers a clear look at what’s proposed, what isn’t in effect, and how to prepare.  Speakers on this episode are: •	Elise Fialkowski, Partner  •	Ian Wilson, Senior Associate  Stay connected with us: •	Follow us on LinkedIn, Instagram, and Facebook. •	Sign up for our newsletter and email updates. •	Schedule a consultation here.

Episode 43: Headline vs. Reality: Proposed OPT Fee and Related University Developments

With new H-1B fees, wage rules, and enforcement priorities emerging almost weekly, how can employers and H-1B professionals tell which policies actually matter right now?

In this episode of Statutes of Liberty, host Nick Lowrey is joined by Tim D'Arduini, Partner-in-Charge of the firm's Washington, D.C. office, to walk through the H-1B policies proposed, implemented, and challenged in court over the past several months. Recorded on October 5, 2026, the conversation captures where each policy stands at that moment and what employers and visa holders should expect next.

Nick and Tim cover the policies that most directly affect employers, including:
The $100,000 H-1B fee under the 2025 Presidential Proclamation, its recent extension, and the court rulings that have kept it from being collected
The separate $103,265 fee proposed by the Department of Homeland Security (DHS) for cap-subject petitions
The Department of Labor's proposed prevailing wage increases
DHS's forthcoming H-1B reform rule and a new Executive Order calling for closer review of employers that have conducted layoffs

They also discuss policies affecting H-1B workers and their families, including international travel and visa appointment delays, the proposed elimination of the 60-day grace period following a job loss, and the potential rescission of work authorization for certain H-4 spouses. Throughout, Tim emphasizes scenario planning over alarm and explains why many of these policies are likely to face legal challenges.

Whether you're an HR leader planning for next year's H-1B lottery or an H-1B professional weighing your options, this episode offers a clear snapshot of today's H-1B landscape and practical steps to prepare for what may come next.

Speakers on this episode are:
Nick Lowrey, Senior Associate
Tim D’Arduini, Partner

Stay connected with us:
Follow us on LinkedIn, Instagram, and Facebook.
Sign up for our newsletter and email updates.
cSchedule a consultation here.

With new H-1B fees, wage rules, and enforcement priorities emerging almost weekly, how can employers and H-1B professionals tell which policies actually matter right now?
In this episode of Statutes of Liberty, host Nick Lowrey is joined by Tim D'Arduini, Partner-in-Charge of the firm's Washington, D.C. office, to walk through the H-1B policies proposed, implemented, and challenged in court over the past several months. Recorded on October 5, 2026, the conversation captures where each policy stands at that moment and what employers and visa holders should expect next.
Nick and Tim cover the policies that most directly affect employers, including:
<ul>
<li>The $100,000 H-1B fee under the 2025 Presidential Proclamation, its recent extension, and the court rulings that have kept it from being collected</li>
<li>The separate $103,265 fee proposed by the Department of Homeland Security (DHS) for cap-subject petitions</li>
<li>The Department of Labor's proposed prevailing wage increases</li>
<li>DHS's forthcoming H-1B reform rule and a new Executive Order calling for closer review of employers that have conducted layoffs</li>
</ul>
They also discuss policies affecting H-1B workers and their families, including international travel and visa appointment delays, the proposed elimination of the 60-day grace period following a job loss, and the potential rescission of work authorization for certain H-4 spouses. Throughout, Tim emphasizes scenario planning over alarm and explains why many of these policies are likely to face legal challenges.
Whether you're an HR leader planning for next year's H-1B lottery or an H-1B professional weighing your options, this episode offers a clear snapshot of today's H-1B landscape and practical steps to prepare for what may come next.
Speakers on this episode are:
<ul>
<li><a href="https://www.klaskolaw.com/team/nick-lowrey/">Nick Lowrey</a>, Senior Associate</li>
<li><a href="https://www.klaskolaw.com/team/tim-darduini/">Tim D&rsquo;Arduini</a>, Partner</li>
</ul>
Stay connected with us:
<ul>
<li>Follow us on <a href="https://www.linkedin.com/company/klaskoimmigration/">LinkedIn</a>, <a href="https://www.instagram.com/klaskoimmigrationlaw/">Instagram</a>, and <a href="https://www.facebook.com/klaskoimmigrationlaw/">Facebook</a>.</li>
<li>Sign up for our <a href="https://www.klaskolaw.com/subscribe/">newsletter and email updates</a>.</li>
<li>cSchedule a consultation <a href="https://www.klaskolaw.com/contact/">here</a>.</li>
</ul>

With new H-1B fees, wage rules, and enforcement priorities emerging almost weekly, how can employers and H-1B professionals tell which policies actually matter right now?  In this episode of Statutes of Liberty, host Nick Lowrey is joined by Tim D'Arduini, Partner-in-Charge of the firm's Washington, D.C. office, to walk through the H-1B policies proposed, implemented, and challenged in court over the past several months. Recorded on October 5, 2026, the conversation captures where each policy stands at that moment and what employers and visa holders should expect next.  Nick and Tim cover the policies that most directly affect employers, including: •	The $100,000 H-1B fee under the 2025 Presidential Proclamation, its recent extension, and the court rulings that have kept it from being collected •	The separate $103,265 fee proposed by the Department of Homeland Security (DHS) for cap-subject petitions •	The Department of Labor's proposed prevailing wage increases •	DHS's forthcoming H-1B reform rule and a new Executive Order calling for closer review of employers that have conducted layoffs  They also discuss policies affecting H-1B workers and their families, including international travel and visa appointment delays, the proposed elimination of the 60-day grace period following a job loss, and the potential rescission of work authorization for certain H-4 spouses. Throughout, Tim emphasizes scenario planning over alarm and explains why many of these policies are likely to face legal challenges.  Whether you're an HR leader planning for next year's H-1B lottery or an H-1B professional weighing your options, this episode offers a clear snapshot of today's H-1B landscape and practical steps to prepare for what may come next.  Speakers on this episode are: •	Nick Lowrey, Senior Associate •	Tim D’Arduini, Partner  Stay connected with us: •	Follow us on LinkedIn, Instagram, and Facebook. •	Sign up for our newsletter and email updates. •	Schedule a consultation here.

Episode 42: Tracking H-1B Updates: The Latest Changes and Where They Stand

What happens when "duration of status" disappears for the first time in decades, and what should students, scholars, physicians, and the institutions that sponsor them do to prepare?

In this episode of Statutes of Liberty, host Tim D'Arduini, is joined by colleagues Anabel Nataros and Nigel James to unpack a new DHS rule eliminating duration of status (D/S) for F-1, J-1, and I visa holders, effective September 15, 2026. The change replaces the open-ended D/S notation with a fixed expiration date tied to each program, reshaping how individuals and their sponsoring institutions manage compliance.

The conversation walks through how the transition period works, including the four-year cap that applies even to longer programs like PhDs and medical residencies, and why international travel on or after September 15, 2026 immediately triggers the new fixed-expiration rule.

Tim, Anabel, and Nigel also cover:
The importance of monitoring I-94 records after every international trip, including common CBP errors that can shorten a stay
New extension-of-status filing requirements, timing, and the absence of premium processing for these applications
Practical steps universities, hospitals, and employers can take now to review, refine, and reduce friction for impacted populations
The shortened grace period at the end of a program, cut from 60 to 30 days
Advocacy and litigation avenues available to affected stakeholders

Whether you're a university international student office, a hospital sponsoring physicians in training, or an individual currently in F, J, or I status, this episode offers a clear roadmap for navigating the new rule before it takes effect.

Speakers on this episode are:
Tim D'Arduini, Partner
Anabel Nataros, Senior Associate
Nigel James, Associate

Stay connected with us:
Follow us on LinkedIn, Instagram, and Facebook.
Sign up for our newsletter and email updates.
Schedule a consultation here.

What happens when "duration of status" disappears for the first time in decades, and what should students, scholars, physicians, and the institutions that sponsor them do to prepare?
In this episode of Statutes of Liberty, host Tim D'Arduini, is joined by colleagues Anabel Nataros and Nigel James to unpack a new DHS rule eliminating duration of status (D/S) for F-1, J-1, and I visa holders, effective September 15, 2026. The change replaces the open-ended D/S notation with a fixed expiration date tied to each program, reshaping how individuals and their sponsoring institutions manage compliance.
The conversation walks through how the transition period works, including the four-year cap that applies even to longer programs like PhDs and medical residencies, and why international travel on or after September 15, 2026 immediately triggers the new fixed-expiration rule.
Tim, Anabel, and Nigel also cover:
<ul>
<li>The importance of monitoring I-94 records after every international trip, including common CBP errors that can shorten a stay</li>
<li>New extension-of-status filing requirements, timing, and the absence of premium processing for these applications</li>
<li>Practical steps universities, hospitals, and employers can take now to review, refine, and reduce friction for impacted populations</li>
<li>The shortened grace period at the end of a program, cut from 60 to 30 days</li>
<li>Advocacy and litigation avenues available to affected stakeholders</li>
</ul>
Whether you're a university international student office, a hospital sponsoring physicians in training, or an individual currently in F, J, or I status, this episode offers a clear roadmap for navigating the new rule before it takes effect.
Speakers on this episode are:
<ul>
<li><a href="https://www.klaskolaw.com/team/tim-darduini/">Tim D'Arduini</a>, Partner</li>
<li><a href="https://www.klaskolaw.com/team/annabelle-nataros/">Anabel Nataros</a>, Senior Associate</li>
<li><a href="https://www.klaskolaw.com/team/nigel-james/">Nigel James</a>, Associate</li>
</ul>
Stay connected with us:
<ul>
<li>Follow us on <a href="https://www.linkedin.com/company/klaskoimmigration/">LinkedIn</a>, <a href="https://www.instagram.com/klaskoimmigrationlaw/">Instagram</a>, and <a href="https://www.facebook.com/klaskoimmigrationlaw/">Facebook</a>.</li>
<li>Sign up for our <a href="https://www.klaskolaw.com/subscribe/">newsletter and email updates</a>.</li>
<li>Schedule a consultation&nbsp;<a href="https://www.klaskolaw.com/contact/">here</a>.</li>
</ul>

What happens when "duration of status" disappears for the first time in decades, and what should students, scholars, physicians, and the institutions that sponsor them do to prepare?  In this episode of Statutes of Liberty, host Tim D'Arduini, is joined by colleagues Anabel Nataros and Nigel James to unpack a new DHS rule eliminating duration of status (D/S) for F-1, J-1, and I visa holders, effective September 15, 2026. The change replaces the open-ended D/S notation with a fixed expiration date tied to each program, reshaping how individuals and their sponsoring institutions manage compliance.  The conversation walks through how the transition period works, including the four-year cap that applies even to longer programs like PhDs and medical residencies, and why international travel on or after September 15, 2026 immediately triggers the new fixed-expiration rule.  Tim, Anabel, and Nigel also cover:  The importance of monitoring I-94 records after every international trip, including common CBP errors that can shorten a stay New extension-of-status filing requirements, timing, and the absence of premium processing for these applications Practical steps universities, hospitals, and employers can take now to review, refine, and reduce friction for impacted populations The shortened grace period at the end of a program, cut from 60 to 30 days Advocacy and litigation avenues available to affected stakeholders  Whether you're a university international student office, a hospital sponsoring physicians in training, or an individual currently in F, J, or I status, this episode offers a clear roadmap for navigating the new rule before it takes effect.  Speakers on this episode are:  Tim D'Arduini, Partner Anabel Nataros, Senior Associate Nigel James, Associate  Stay connected with us:  Follow us on LinkedIn, Instagram, and Facebook. Sign up for our newsletter and email updates. Schedule a consultation here.

Episode 41: D/S Elimination: Final Rule Implementation and the Road Ahead

Once someone is eligible to file for naturalization, is it just a formality? Or are there hidden pitfalls that can delay, deny, or even undo an application?

In the second episode of our two-part naturalization series, host Karuna Simbeck is joined by colleagues Megan Kludt and Stacy Shore to build on the first episode's overview of naturalization eligibility. This conversation digs into the issues that can often surprise applicants in the process of becoming a US citizen.

Karuna, Megan, and Stacy discuss the criminal and moral character issues that can jeopardize a naturalization case – and in some circumstances, even an existing green card – along with why full disclosure to counsel remains essential even for issues already raised in a prior green card filing. They also cover how applicants can document good moral character through letters, affidavits, and other supporting evidence.

Karuna, Megan, and Stacy also cover the waivers, exemptions, and alternate pathways available to applicants who don't fit the standard mold, including:
The medical disability waiver (Form N-648) for the English and civics requirements
Age- and residency-based exemptions from the English language test
Reasonable accommodations for applicants with disabilities
Religious or conscientious objector exemptions
Special rules for overseas assignments, spouses of US citizens working abroad, and military service members
The circumstances under which citizenship can later be revoked

Whether you're preparing for a straightforward filing or navigating a more complicated immigration history, this episode offers practical guidance for anticipating and addressing naturalization's trickiest issues.

Speakers on this episode are:
Karuna Simbeck, Partner
Megan Kludt, Senior Associate
Stacy Shore, Senior Counsel

Stay connected with us:
Follow us on LinkedIn, Instagram, and Facebook.
Sign up for our newsletter and email updates.
Schedule a consultation here.

Once someone is eligible to file for naturalization, is it just a formality? Or are there hidden pitfalls that can delay, deny, or even undo an application?
In the second episode of our two-part naturalization series, host Karuna Simbeck is joined by colleagues Megan Kludt and Stacy Shore to build on the first episode's overview of naturalization eligibility. This conversation digs into the issues that can often surprise applicants in the process of becoming a US citizen.
Karuna, Megan, and Stacy discuss the criminal and moral character issues that can jeopardize a naturalization case &ndash; and in some circumstances, even an existing green card &ndash; along with why full disclosure to counsel remains essential even for issues already raised in a prior green card filing. They also cover how applicants can document good moral character through letters, affidavits, and other supporting evidence.
Karuna, Megan, and Stacy also cover the waivers, exemptions, and alternate pathways available to applicants who don't fit the standard mold, including:
<ul>
<li>The medical disability waiver (Form N-648) for the English and civics requirements</li>
<li>Age- and residency-based exemptions from the English language test</li>
<li>Reasonable accommodations for applicants with disabilities</li>
<li>Religious or conscientious objector exemptions</li>
<li>Special rules for overseas assignments, spouses of US citizens working abroad, and military service members</li>
<li>The circumstances under which citizenship can later be revoked</li>
</ul>
Whether you're preparing for a straightforward filing or navigating a more complicated immigration history, this episode offers practical guidance for anticipating and addressing naturalization's trickiest issues.
Speakers on this episode are:
<ul>
<li>Karuna Simbeck, Partner</li>
<li>Megan Kludt, Senior Associate</li>
<li>Stacy Shore, Senior Counsel</li>
</ul>
Stay connected with us:
<ul>
<li>Follow us on <a href="https://www.linkedin.com/company/klaskoimmigration/">LinkedIn</a>, <a href="https://www.instagram.com/klaskoimmigrationlaw/">Instagram</a>, and <a href="https://www.facebook.com/klaskoimmigrationlaw/">Facebook</a>.</li>
<li>Sign up for our <a href="https://www.klaskolaw.com/subscribe/">newsletter and email updates</a>.</li>
<li>Schedule a consultation <a href="https://www.klaskolaw.com/contact/">here</a>.</li>
</ul>

Once someone is eligible to file for naturalization, is it just a formality? Or are there hidden pitfalls that can delay, deny, or even undo an application?  In the second episode of our two-part naturalization series, host Karuna Simbeck is joined by colleagues Megan Kludt and Stacy Shore to build on the first episode's overview of naturalization eligibility. This conversation digs into the issues that can often surprise applicants in the process of becoming a US citizen.  Karuna, Megan, and Stacy discuss the criminal and moral character issues that can jeopardize a naturalization case – and in some circumstances, even an existing green card – along with why full disclosure to counsel remains essential even for issues already raised in a prior green card filing. They also cover how applicants can document good moral character through letters, affidavits, and other supporting evidence.

Episode 43: Headline vs. Reality: Proposed OPT Fee and Related University Developments

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