DHS Proposes $70,000 Fee for F-1 Students Seeking OPT Work Authorization

Shibbir Ahmed, Washington DC — The U.S. Department of Homeland Security (DHS) has proposed a new fee structure for international students seeking employment through the Optional Practical Training (OPT) program, including a $70,000 fee for initial OPT participation and a $30,000 fee for subsequent participation.

Under the proposed rule, the fees would be paid by Student and Exchange Visitor Program (SEVP)-certified schools rather than directly by F-1 students. DHS said the proposal is intended to address fraud and abuse, strengthen the integrity of the immigration system and protect U.S. workers.

The proposal would require a school to pay $70,000 when an F-1 student is initially recommended for OPT. A $30,000 fee would apply to any subsequent OPT authorization, including subsequent participation such as a STEM OPT extension.

“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 said the proposed fees are intended to discourage the misuse of the OPT program and encourage schools to exercise greater oversight when recommending students for employment authorization.

Under current federal regulations, eligible F-1 students may participate in OPT when the employment is directly related to their major area of study. Students must receive a recommendation from their designated school official (DSO) and apply for employment authorization through U.S. Citizenship and Immigration Services (USCIS).

F-1 students may participate in OPT before completing their academic program, known as pre-completion OPT, or after completing their program, known as post-completion OPT. Eligible students can generally receive up to 12 months of OPT at each education level. Students who earn degrees in science, technology, engineering or mathematics (STEM) fields may qualify for an additional 24-month extension.

DHS said the proposed rule follows concerns identified by the Student and Exchange Visitor Program (SEVP) regarding fraud and abuse involving schools, designated school officials, employers and F-1 students.

According to DHS, officials have identified schemes involving problematic worksites and so-called “pay-to-stay” arrangements, in which students allegedly maintain their immigration status through arrangements that do not reflect the intended purpose of practical training.

Under the proposed system, SEVP-certified schools would have to pay the applicable fee before their designated school officials recommend an F-1 student for OPT in the Student and Exchange Visitor Information System (SEVIS).

The fee would also have to be paid before the student applies for employment authorization with USCIS. DHS said USCIS would not grant employment authorization if the required fee had not been paid by the school.

The proposed fee would not be linked to a particular employer. Instead, it would apply when a school recommends an F-1 student for any type of OPT. The collected fees would be deposited into the U.S. Treasury.

The proposal comes as the Trump administration continues to pursue changes to immigration and employment programs involving international students and foreign workers. The proposed OPT fee is separate from other immigration measures and remains subject to the federal rulemaking process.

The proposed fees would represent a significant new cost for colleges and universities that recommend international students for OPT. The program is widely used by international students seeking U.S. work experience after completing their studies, particularly graduates in STEM fields.

DHS will accept public comments on the proposed rule beginning October 8 and continuing through November 9. The Paperwork Reduction Act section of the proposal will have a separate 60-day public comment period.

After the comment period ends, DHS will review the submissions and other materials received from the public. The agency may revise the proposal before issuing a final rule. The proposal is not yet a final regulation. Until DHS completes the rulemaking process and issues a final rule, the proposed $70,000 and $30,000 fees do not constitute final OPT requirements.