DHS Proposes New Fees of Up to $70,000 for F-1 Student OPT Work Authorization

DHS has issued a proposed rule to impose new fees on F-1 nonimmigrant students participating in Optional Practical Training (OPT). The rule, which is not yet final, would set a $70,000 fee for initial OPT and a $30,000 fee for subsequent OPT.

Key points

• The proposed fee is $70,000 per student for initial OPT and $30,000 for any subsequent OPT.
• The fee is not tied to a specific employer but applies whenever a school recommends a student for OPT in SEVIS.
• USCIS would not grant employment authorization unless the school has paid the required fee.
• DHS says the fees are intended to reduce fraud and abuse, including problematic worksites and 'pay-to-stay' visa schemes.
• Public comments are accepted from October 8 through November 9, with a separate 60-day comment period for the Paperwork Reduction Act section.
• This is only a proposed rule and is not yet final or in effect.

Who is affected

F-1 nonimmigrant students seeking or currently in OPT, SEVP-certified schools, designated school officials, and employers are affected.

What to do