DHS Proposes $70,000 Fee for International Students Seeking Work Authorization

The Department of Homeland Security (DHS) has proposed a significant fee increase for international students seeking work authorization in their fields of study. Under the new rule, F-1 visa holders would face a $70,000 fee for initial Optional Practical Training (OPT) and an additional $30,000 for any subsequent extension.

The agency stated the move is intended to reduce the influx of low-cost labor into the U.S. workforce, asserting that OPT was not designed as a pathway to permanent employment or a subsidy for cheap labor. "American workers should not have to compete against a program that has been turned into a pipeline for cheap foreign labor," a DHS spokesperson said.

The OPT program currently allows eligible foreign students to work part-time while enrolled and full-time for a limited period after graduation, with associated fees around $500. Students must work in a field related to their major, receive a recommendation from a designated school official, and obtain authorization from U.S. Citizenship and Immigration Services. Graduates in science, technology, engineering, or mathematics (STEM) fields are eligible for a 24-month extension.

DHS cited widespread fraud and abuse within the Student and Exchange Visitor Program (SEVP) as the reason for the proposed fee structure. The agency indicated that some institutions, designated school officials, employers, and students have exploited existing regulations, leading to illicit arrangements such as non-compliant worksites and "pay-to-stay" schemes. DHS believes the proposed change will encourage educational institutions to provide greater oversight and selectivity when recommending students for the program.

However, the proposal is anticipated to face legal challenges. Doug Rand, director of the Talent Mobility Fund, expressed skepticism about DHS's authority to impose such fees, noting that similar fee increases for other visa programs have been previously overturned in court. "Don’t Panic: DHS has no authority to slap a $70k fee on international students," Rand wrote on LinkedIn. "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."

The proposed rule will undergo a public comment period before any final decisions are made regarding its implementation.