DHS Proposes Significant Fees for International Student Work Program

The U.S. Department of Homeland Security (DHS) has put forth a proposed rule that, if enacted, would introduce substantial fees for F-1 international students participating in Optional Practical Training (OPT). According to DHS, the intention behind these proposed fees is to curb the influx of low-cost foreign labor and enhance the competitive standing of American workers in the job market. The proposal aims to address concerns that the OPT program has been exploited as a pathway for cheaper labor, rather than serving its original purpose of providing practical training related to a student’s academic field.

Under the proposed rule, a fee of $70,000 would be levied for each F-1 student seeking initial OPT, with an additional $30,000 fee for any subsequent OPT participation. The DHS asserts that these measures are designed to combat fraud and abuse within the immigration system, thereby strengthening its overall integrity and protecting the domestic workforce. The current regulations permit eligible F-1 students to engage in OPT if the work experience directly aligns with their major area of study. This process typically involves a recommendation from a designated school official (DSO) and an application for employment authorization with U.S. Citizenship and Immigration Services (USCIS). Students can pursue pre-completion OPT during their studies or post-completion OPT after graduation, with eligibility for up to 12 months of OPT at each educational level, and an additional 24-month extension for those in STEM fields.

The DHS’s decision to propose these fees stems from identified instances of fraud and abuse within the Student and Exchange Visitor Program (SEVP). As the number of F-1 students participating in OPT has grown, SEVP has observed various schemes involving schools, DSOs, employers, and students themselves, aimed at exploiting existing regulations. These problematic practices have included concerns about unsuitable worksites and so-called “pay-to-stay” visa arrangements. The department believes that the introduction of these fees will incentivize schools to exercise greater diligence and selectivity when recommending students for OPT, contributing to the reduction of fraudulent activities and the enhancement of program integrity. This proposed rule is also presented as being in alignment with recent executive directives focused on safeguarding American workers and ensuring the proper functioning of employment-based immigration programs. The anticipated revenue generated from these increased fees would be allocated to support program oversight, ensuring that schools, students, and employers utilize the OPT program in accordance with its intended purpose and regulatory requirements.

Under the proposed framework, SEVP-certified schools would be responsible for paying the fee prior to their DSOs making recommendations for F-1 students in the Student and Exchange Visitor Information System (SEVIS). Subsequently, F-1 students could then apply for employment authorization with USCIS. Crucially, USCIS would not grant employment authorization if the required school fees have not been remitted. It is important to note that this proposed fee would not be tied to a specific employer. Instead, it would apply at the point a school recommends an F-1 student for any form of OPT. All collected fees would be deposited into the U.S. Treasury. The DHS is opening a public comment period for this proposed rule, which will run from October 8th through November 9th. A separate 60-day comment period will be available for the Paperwork Reduction Act section of the rule. Interested members of the public are advised to consult the Federal Register notice for detailed instructions on how to submit their comments. Following the closure of the public comment period, the DHS will thoroughly review all submitted feedback and may make revisions to the rule accordingly. SEVP plans to disseminate further information regarding the proposed rule through its established communication channels, including SEVIS Broadcast Messages, Study in the States, and communications with field representatives. Additional resources for understanding the proposal can be found in the Notice of Proposed Rulemaking (NPRM) published in the Federal Register, as well as on the Practical Training page of ICE.gov/SEVP and the Training Opportunities in the United States page on Study in the States.

Video Spotlight