4 minPolitics
DHS Proposes $70,000 Fee for Foreign Students Seeking Work Authorization
The Department of Homeland Security has proposed a $70,000 fee for an initial Optional Practical Training authorization and $30,000 for extensions, citing fraud and abuse. The rule faces immediate legal challenges and a public comment period.
The Department of Homeland Security has proposed a sweeping new fee structure for international students seeking temporary employment in the United States, charging $70,000 for an initial Optional Practical Training authorization and an additional $30,000 for any subsequent extension. The proposal, announced this week, represents a dramatic increase from the current cost of roughly $500 and is aimed, according to the agency, at reducing the flow of cheap labor into the American workforce.
«Optional Practical Training was never meant to be a back door into the American workforce, a subsidy for cheap labor, or a prize for those who game the system,» a DHS spokesperson said. «DHS is upskilling OPT to require foreign students to justify their worth to employers. American workers should not have to compete against a program that has been turned into a pipeline for cheap foreign labor.»
OPT currently allows eligible F-1 visa holders to work part-time while enrolled in school and full-time for a set period after graduation, provided the employment is directly related to their major. Participants must receive a recommendation from a designated school official and obtain authorization from U.S. Citizenship and Immigration Services. Graduates with degrees in science, technology, engineering or mathematics fields can qualify for an additional 24-month extension.
DHS said the proposed fees respond to widespread fraud and abuse identified by the Student and Exchange Visitor Program. According to the agency, certain schools, designated school officials, employers and F-1 students have exploited existing regulations through illicit arrangements, including non-compliant worksites and «pay-to-stay» visa schemes. The agency maintains that the rule change would force educational institutions to exercise greater oversight and selectivity before recommending students for the program.
However, the proposal is expected to face immediate legal hurdles. Doug Rand, director of the Talent Mobility Fund, an organization advocating to attract foreign STEM talent, wrote on LinkedIn: «Don't Panic: DHS has no authority to slap a $70k fee on international students. Let's not overreact — this proposed rule isn't going to fare well in the courts, just as the $100k H-1B fee and other restrictionist policies have been struck down.»
The proposed rule will be subject to a public comment period before any final implementation. The outcome could significantly affect the roughly hundreds of thousands of international students who participate in OPT each year, as well as the universities and employers that rely on the program to fill specialized roles in technology, engineering and research.
The fee structure, if enacted, would make the United States one of the most expensive destinations for foreign graduates seeking work experience, potentially pushing talent to Canada, the United Kingdom and other countries with more welcoming post-study work policies. Legal experts expect the rule to be challenged on procedural and statutory grounds, similar to previous immigration restrictions that were blocked in federal court.
7
