DHS Proposes Fees for Foreign Student Work Program to Protect American Jobs

WASHINGTON - The United States Department of Homeland Security (DHS) announced a proposed rule that, if finalized, would implement new fees for F-1 nonimmigrant students seeking to participate in Optional Practical Training (OPT), a temporary employment authorization connected to a student's field of study, in order to reduce the flow of cheap labor into the United States and make it easier for American citizens to compete in the job market.

The proposed rule would establish a $70,000 fee per F-1 nonimmigrant student for initial OPT and a $30,000 fee per F-1 nonimmigrant student for any subsequent OPT. DHS is proposing the fees to combat fraud and abuse, strengthen the integrity of the immigration system, and protect U.S. workers.

"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," said a DHS Spokesperson. "DHS is upskilling OPT to require foreign students to justify their worth to employers. American workers should not have to compete against a program that has been turned into a pipeline for cheap foreign labor."

Existing federal regulations allow eligible F-1 nonimmigrant students to engage in OPT if the OPT is directly related to the student's major area of study. To participate, F-1 nonimmigrant students must receive a recommendation from their designated school official (DSO) and apply for employment authorization with U.S. Citizenship and Immigration Services (USCIS).

F-1 nonimmigrant students may apply for OPT during their academic program (pre-completion OPT) or after completing their program (post-completion OPT). Eligible F-1 nonimmigrant students may receive up to 12 months of OPT at each education level. Those who earn degrees in science, technology, engineering, or mathematics fields may be eligible for an additional 24-month extension.

DHS is proposing the rule in response to fraud and abuse identified by the Student and Exchange Visitor Program (SEVP). As more F-1 nonimmigrant students have participated in OPT, SEVP has encountered schools, designated school officials, employers, and F-1 nonimmigrant students engaged in schemes to exploit current regulations, including problematic worksites and "pay-to-stay" visa schemes.

DHS believes the proposed fees would encourage schools to exercise greater oversight and selectivity when recommending F-1 nonimmigrant students for OPT, helping reduce fraud and strengthen program integrity.

The proposed rule also aligns with recent executive orders and other presidential directives emphasizing the protection of U.S. workers and the integrity of employment-based immigration programs. The increased fees would support program oversight and help ensure schools, F-1 nonimmigrant students, and employers use OPT consistent with its intended purpose and applicable regulatory requirements.

Under the proposed rule, SEVP-certified schools must pay the fee before designated school officials recommend F-1 nonimmigrant students for OPT in the Student and Exchange Visitor Information System (SEVIS) and before F-1 nonimmigrant students apply for employment authorization with USCIS. USCIS would not grant employment authorization to F-1 nonimmigrant students if schools have not paid the required fee.

The proposed fee would not be tied to a specific employer. Instead, it would apply when schools recommend an F-1 nonimmigrant student for any type of OPT. Collected fees would be deposited in the Treasury of the United States.

DHS will accept public comments on the proposed rule from October 8 through November 9. Additionally, the Paperwork Reduction Act section of the rule will have a 60-day public comment period. Members of the public should refer to the Federal Register notice for instructions on how to submit comments for DHS consideration. After the public comment period closes, DHS will review all properly submitted comments and materials and may revise the rule based on public feedback.

SEVP will provide additional communications about the proposed rule through its communications channels, including SEVIS Broadcast Messages, Study in the States, and field representatives.

For more information, refer to the Notice of Proposed Rulemaking (NPRM) in the Federal Register, the Practical Training page on ICE.gov/SEVP, and the Training Opportunities in the United States page on Study in the States.

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