DHS Proposes New Fees for Foreign Students Seeking Work Authorization

<p>The Department of Homeland Security (DHS) has proposed a new rule that would establish fees for international students seeking temporary employment in their field of study. The agency states that this measure aims to reduce the influx of low-cost labor into the United States.</p><p>Under the proposed rule, F-1 visa holders would incur a $70,000 fee for an initial optional practical training (OPT) authorization, with an additional $30,000 fee for any subsequent extension.</p><p>A DHS spokesperson remarked, "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 spokesperson added that the agency is enhancing OPT requirements to ensure that foreign students must demonstrate their value to employers, emphasizing that American workers should not have to compete against a program that has been misused.</p><p>OPT allows eligible foreign students to work part-time while studying and full-time for a limited period after graduation, typically at a cost of around $500. To qualify, students must work in a field related to their major, receive a recommendation from a designated school official (DSO), and obtain employment authorization from U.S. Citizenship and Immigration Services (USCIS).</p><p>Graduates with degrees in science, technology, engineering, or mathematics (STEM) fields may qualify for an additional 24-month extension.</p><p>DHS indicated that the proposed fee structure is a response to widespread fraud and abuse identified by the Student and Exchange Visitor Program (SEVP). The agency reported that certain schools, DSOs, employers, and F-1 students have exploited existing regulations through illicit arrangements, including non-compliant worksites and "pay-to-stay" visa schemes.</p><p>The agency believes that the rule change would compel educational institutions to exercise greater oversight and selectivity before recommending students for the program.</p><p>However, the proposal is anticipated to encounter immediate legal challenges. Doug Rand, director of the Talent Mobility Fund, an organization that advocates for attracting foreign STEM talent, expressed skepticism about the proposal's viability, stating on LinkedIn, "DHS has no authority to slap a $70k fee on international students. 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."</p><p>The proposed rule will undergo a public comment period before any final implementation.</p>