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.
Under current rules, OPT allows eligible F-1 students to work in a job related to their major. They can use the program while they are still enrolled in classes. Those who graduate with a degree in science, technology, engineering, or mathematics could qualify for an additional 24-month extension.
Right now, OPT participation is free. But students do have to pay a $520 application fee for an Employment Authorization Document. Schools don’t pay anything either — unless the proposed rule goes into effect.
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