The United States Department of Homeland Security (DHS) proposed fees for F1 non-immigrant students seeking to participate in OPT. OPT, or Optional Practical Training, is a temporary authorization allowing a student to be employed in fields which directly relate to their fields of study. DHS claims the OPT fees will reduce cheap labor and allow American citizens a better position in the job market.
The fees are proposed to start at $70,000 USD for an F-1 non-immigrant student’s initial OPT, with an additional $30,000 for any subsequent OPTs granted to the same individual. The DHS argues that this system will combat fraud and abuse, as well as strengthen the integrity of the immigration system, all while giving U.S workers more of a fighting chance. These are DHS’s stated policy conclusions and are likely to receive significant attention during the public comment process.
Federal regulations allow F-1 nonimmigrant students to apply for OPT during their academic program or after its completion, but it requires a recommendation from their Designated School Official (DSO). Then, they must apply for employment authorization with U.S Citizenship and Immigration Services (USCIS). Each individual OPT can be granted for up to 12 months, with 24-month extensions available to those who earn STEM degrees.
The OPT fees are intended to ensure schools take greater care when recommending F-1 nonimmigrant students for OPT. This is further evidenced by the system of fees decreasing when multiple OPTs are given to the same individual. Giving one OPT recommendation to multiple students is significantly more expensive than giving multiple OPT recommendations to a single student.
SEVP-certified schools would pay the fee before any DSO is allowed to recommend F-1 nonimmigrant students to USCIS. So long as the fee remains unpaid, USCIS will reject any and all recommendations out of hand. This is opposed to being tied to employers, who will not see any direct impact from the proposed regulations.
The DHS is accepting public comments beginning on October 8th through November 9th. The Paperwork Reduction Act section of the proposed rule will have a 60-day public comment period as well.
As always, ILBSG actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws. In an ever-evolving immigration policy landscape, it’s particularly critical you get the right advice.