WASHINGTON, D.C. — The Department of Homeland Security proposed a rule requiring schools to pay a $70,000 fee for each international student's initial application to the Optional Practical Training (OPT) program. The agency also proposed a $30,000 fee for each renewal or extension of participation in the program.
The current application fee for the OPT program is approximately $500. The Department of Homeland Security stated the fee is intended to combat fraud and abuse in the visa program.
"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," the Department of Homeland Security stated. The agency described the OPT program as a "pipeline for cheap foreign labor." The public comment period for the proposed rule is open until November 9, 2026. The Department of Homeland Security said it would wait 60 days after finalization before putting the rule into effect.
Fanta Aw, CEO of NAFSA, said, "Driving away the talents, perspectives, and aspirations of international students will only hurt American innovation, economic growth, workforce development, and global leadership." Doug Rand, director of the Talent Mobility Fund, said, "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 — not use an exorbitant fee as a pretext to send them packing." Steven Brown, a Houston-based immigration lawyer, said, "I think this is the next level of attack, and I think it’s a design to kill the program without killing the program." Brown added, "I don’t see too many schools wanting to pay $70,000 for a student to get OPT." Students in science, technology, engineering, and math majors are eligible for an additional two years of work authorization under OPT.
What's New
The Department of Homeland Security alleged it found more than 10,000 foreign students working for highly suspect employers. The agency cited an investigation finding empty buildings and locked doors at addresses where hundreds of foreign students were allegedly employed. The Department of Homeland Security cited a local NBC investigation that found over 4,000 students used shell companies to falsify employment records to receive OPT. Doug Rand posted on LinkedIn, "Don’t Panic: DHS has no authority to slap a $70k fee on international students." Rand also posted, "Let’s not overreact—this proposed rule isn’t going to fare well in the courts, just as the $100k H-1B fee and other restrictionist policies have been struck down."
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