Key Takeaways
- DHS proposes a $70,000 international student OPT fee for students seeking OPT work authorization.
- Schools would pay the fee but could recover costs from students or employers.
- Higher education groups warn the proposal could reduce international student enrollment.
The Department of Homeland Security on Wednesday proposed a $70,000 fee for schools recommending international students for U.S. work training, citing fraud and misuse concerns.
DHS Targets Optional Practical Training Program
The proposed international student OPT fee would be imposed when a school first recommends an F-1 international student for Optional Practical Training, or OPT, which allows students to work in jobs related to their fields of study. A subsequent OPT recommendation would carry a $30,000 fee.
Schools, rather than students directly, would be responsible for paying the fees under the proposal. However, the rule would allow schools to recover the costs from students or employers, potentially shifting the financial burden to those seeking or providing the work.
Eligible international students generally can receive up to 12 months of OPT after completing their studies. Graduates in science, technology, engineering, and mathematics fields can qualify for an additional 24-month extension.
DHS says the fees are intended to address fraud and abuse in the program. The agency has described OPT as a pathway that can be used to provide cheap foreign labor, according to the proposed rule and statements cited in the report.
Colleges And Businesses Warn Of Enrollment Impact
The proposal is drawing opposition from higher education and immigration groups, which say OPT is an important reason international students choose U.S. colleges and universities.
Fanta Aw, CEO of NAFSA, an association representing international education, said the international student OPT fee helps international students gain practical experience while filling labor shortages in high-demand STEM fields.
“Driving away the talents, perspectives, and aspirations of international students will only hurt American innovation, economic growth, workforce development, and global leadership,” Aw said in a written statement.
International enrollment has already weakened. Sarah Spreitzer of the American Council on Education said the number of new international students entering the United States fell 17% last fall, the largest decline since the COVID-19 pandemic. Some colleges have reported larger decreases this fall, she said.
“We know that OPT is one of the reasons that international students choose to study in the United States because they’re able to have that post-graduation work experience,” Spreitzer said.
Proposal Faces Public Comments And Legal Challenges
The proposal is part of a broader Trump administration effort to tighten immigration rules affecting international students and employment-based immigration.
The administration has also faced legal challenges over other changes affecting international students. A federal court blocked a rule in September that sought to limit how long international students could remain in the country without additional government approval.
Doug Rand, a former senior adviser at U.S. Citizenship and Immigration Services, predicted the proposed OPT fee would face a court challenge. He said imposing such a high cost would undermine the purpose of allowing international students to work after graduation.
“When we educate international students at our universities, and they want to work and apply their talents here after graduating, of course we should embrace them,” Rand said in an email.
Steven Brown, an immigration lawyer in Houston, said the proposal could effectively make OPT inaccessible to many schools.
“I think this international student OPT fee is the next level of attack, and I think it’s a design to kill the program without killing the program,” Brown said. “I don’t see too many schools wanting to pay $70,000 for a student to get OPT.”
The public will have 60 days to comment on the proposal before DHS can issue a final rule. Higher education and business groups also could challenge the measure in court, potentially delaying implementation.
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