Source: Fox News
Summary
The Department of Homeland Security (DHS) has proposed a $70,000 fee for F-1 visa holders seeking initial Optional Practical Training (OPT) authorization and a $30,000 fee for extensions. The agency claims the rule aims to reduce cheap foreign labor in the U.S. and prevent program abuse. Currently, OPT allows students to work part-time while in school and full-time after graduation for about $500. DHS cited fraud and abuse by schools, DSOs, and employers. Critics argue the rule lacks legal authority and will face court challenges.
Our Reading
As expected, the matter has reached another stage.
DHS proposes fees for student workers.
Spokespeople call it a crackdown on cheap labor.
Students and critics say the rule is unworkable.
Another round of legal battles seems inevitable.
Author: Evan Null
Proposed Rule Details
The Department of Homeland Security (DHS) has proposed a $70,000 fee for F-1 visa holders seeking initial Optional Practical Training (OPT) authorization. This is part of an effort to reduce the flow of cheap labor into the U.S. The proposal also includes a $30,000 fee for any subsequent OPT extension.
Current OPT Process
Currently, OPT allows eligible foreign students to work part-time while enrolled in school and full-time for a set period after graduation at a cost of around $500. Students must work in a field directly related to their major and obtain employment authorization from USCIS.
DHS Justification
DHS claims the rule is necessary to prevent fraud and abuse. The agency cited widespread fraud and abuse identified by the Student and Exchange Visitor Program (SEVP). 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.
Criticism and Legal Challenges
The proposal is expected to face immediate legal hurdles. Critics argue that DHS has no authority to impose such high fees. Doug Rand, director of the Talent Mobility Fund, said the rule is unlikely to survive in court. Previous restrictionist policies have been struck down, and this rule may follow the same path.
Next Steps
The proposed rule will be subject to a public comment period before any final implementation. The process will likely involve further debate, legal challenges, and potential revisions before it can be enacted.
