The Department of Homeland Security is considering a sweeping new fee structure for international students seeking temporary work in their fields of study, saying the plan would help curb the use of foreign students as a source of low-cost labor in the United States.
If adopted, the proposal would require F-1 visa holders to pay $70,000 for an initial Optional Practical Training authorization. Any later extension would carry an additional $30,000 charge.
“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.
The department said the changes would raise the program’s standards by requiring foreign graduates to demonstrate their value to prospective employers. “American workers should not have to compete against a program that has been turned into a pipeline for cheap foreign labor,” the spokesperson added.
OPT currently allows qualifying international students to work part time while they remain enrolled in school and full time for a limited period after graduation. The application typically costs about $500.
Students must work in positions directly connected to their academic majors, obtain a recommendation from a designated school official and secure employment authorization from US Citizenship and Immigration Services.
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Those who graduate with degrees in science, technology, engineering or mathematics—commonly known as STEM fields—may be eligible for an additional 24-month extension.
DHS said the proposed fees are a response to fraud and other abuses uncovered by the Student and Exchange Visitor Program, or SEVP.
The agency alleges that some schools, designated officials, employers and F-1 students have used improper arrangements to bypass existing rules. Examples cited by DHS include non-compliant worksites and “pay-to-stay” visa schemes.
DHS argues that the new costs would encourage colleges and universities to apply more rigorous oversight and exercise greater selectivity when recommending students for OPT.
The proposal, however, is likely to encounter legal challenges almost immediately.
“Don’t Panic: DHS has no authority to slap a $70k fee on international students,” Doug Rand, director of the Talent Mobility Fund, which advocates for attracting foreign STEM professionals, wrote on LinkedIn. He argued that the measure is unlikely to survive in court, drawing comparisons to the $100,000 H-1B fee and other immigration restrictions that have been struck down.
Before the rule can take effect, DHS must first accept and review public comments. No final implementation date has been announced.
