WASHINGTON — The Department of Homeland Security is proposing steep new fees for international students seeking temporary work authorization in the United States, saying the changes are intended to prevent fraud and protect American workers.
Under the proposed rule announced Oct. 7, schools would be required to pay $70,000 for an F-1 international student’s initial participation in Optional Practical Training, or OPT, and $30,000 for any subsequent OPT participation.
The proposal has not yet taken effect and will go through a public comment period before DHS decides whether to issue a final rule.
OPT allows eligible international students on F-1 visas to work temporarily in jobs directly related to their field of study. Students can participate in OPT while completing their studies or after graduation.
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Most eligible students can receive up to 12 months of OPT at each education level. Students with qualifying degrees in science, technology, engineering and mathematics, commonly known as STEM fields, may be eligible for an additional 24-month extension.
DHS said the proposed fees are aimed at reducing fraud and abuse in the program, strengthening immigration enforcement and protecting U.S. workers from what the department described as unfair competition from lower-cost foreign labor.
“Optional Practical Training was never meant to be a back door into the American workforce,” a DHS spokesperson said.
Under current procedures, an international student seeking OPT must first receive a recommendation from a designated school official at the college or university. The student then applies to U.S. Citizenship and Immigration Services for employment authorization.
Under the proposed rule, a school certified by the Student and Exchange Visitor Program would have to pay the new fee before its designated school official could recommend the student for OPT through the Student and Exchange Visitor Information System, known as SEVIS.
USCIS would not approve the student’s employment authorization if the required fee had not been paid.
The fee would apply to the student’s OPT recommendation and would not be connected to a particular employer.
DHS said the proposal follows cases of alleged fraud and abuse identified by the Student and Exchange Visitor Program. The department said some schools, school officials, employers and international students have been involved in arrangements that exploit the OPT system, including questionable worksites and so-called “pay-to-stay” schemes.
The department said the higher fees could also encourage colleges and universities to more closely review students before recommending them for OPT.
The proposal is part of the Trump administration’s broader effort to tighten employment-based immigration programs and give greater priority to American workers.
If adopted, the changes could significantly increase the cost associated with OPT, a program widely used by international graduates of U.S. colleges and universities, particularly students in technology, engineering and other STEM-related fields.
The proposed fees would be deposited in the U.S. Treasury, according to DHS.
The public can submit comments on the proposed rule from Oct. 8 through Nov. 9. A separate section dealing with information collection requirements will have a 60-day public comment period.
After the comment period closes, DHS will review the submissions and may make changes before issuing a final rule.
Until a final rule is issued and takes effect, the proposed $70,000 and $30,000 OPT fees do not apply.