The United States Department of Homeland Security (DHS) has proposed new fees for F-1 nonimmigrant students seeking to participate in Optional Practical Training (OPT), a temporary employment authorisation linked to a student's field of study. The DHS said the move aims to reduce the flow of cheap labour into the United States and make it easier for American workers to compete in the job market.
According to the DHS, the proposed rule would set a $70,000 (Rs 67 lakh) fee per F-1 nonimmigrant student for initial OPT and a $30,000 (Rs 29 lakh) fee per F-1 nonimmigrant student for any subsequent OPT. The DHS said it is proposing the fees to combat fraud and abuse, strengthen the integrity of the immigration system, and protect US 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," a DHS spokesperson said.
"DHS is upskilling OPT to require foreign students to justify their worth to employers. American workers should not have to compete against a programme that has been turned into a pipeline for cheap foreign labor," the spokesperson added.
Under existing rules, eligible F-1 nonimmigrant students can participate in OPT if the employment is directly related to their major area of study. To participate, F-1 nonimmigrant students must receive a recommendation from their designated school official (DSO) and apply for employment authorisation with US Citizenship and Immigration Services (USCIS).
F-1 nonimmigrant students may apply for Optional Practical Training during their academic programme (pre-completion OPT) or after completing their programme (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.
The DHS said it proposed 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," it added.
According to the DHS, 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 programme integrity.
The proposed rule also aligns with recent executive orders and other presidential directives emphasising the protection of US workers and the integrity of employment-based immigration programmes.
The DHS said the increased fees would support programme oversight and help ensure that schools, F-1 nonimmigrant students, and employers use OPT consistent with its intended purpose and applicable regulatory requirements.
Under the proposed rule, SEVP-certified schools would be required to pay the fee before designated school officials recommend F-1 nonimmigrant students for OPT in the Student and Exchange Visitor Information System (SEVIS) and before F-1 nonimmigrant students apply for employment authorisation with USCIS. USCIS would not grant employment authorisation to F-1 nonimmigrant students if the schools had not paid the required fee.
"The proposed fee would not be tied to a specific employer. Instead, it would apply when schools recommend an F-1 nonimmigrant student for any type of OPT. Collected fees would be deposited in the Treasury of the United States," the DHS said.
The DHS has invited public comments on the proposed rule from October 8 through November 9. Additionally, it has sought public comments on the Paperwork Reduction Act section of the rule for a 60-day period. People have been advised to check the Federal Register notice for instructions on how to submit comments for DHS consideration.
Once the public comment period closes, the DHS will review all properly submitted comments and materials and may revise the rule based on public feedback.
The DHS said the Student and Exchange Visitor Program will provide additional information about the proposed rule through its communication channels, including SEVIS Broadcast Messages, Study in the States, and field representatives.
For more details, check the notice of proposed rulemaking (NPRM) in the Federal Register, the practical training page, and the training opportunities in the United States page on Study in the States.
