The Department of Homeland Security proposed a rule Wednesday that would charge schools $70,000 for every international student they enroll in a work training program, a move that education leaders and immigration attorneys warn could effectively shut down the program.
The program at the center of the proposal is called Optional Practical Training, or OPT. It lets international students work in jobs tied to their field of study during or after school. Students generally get one year of work after graduation, though those in science, technology, engineering, and math fields can qualify for an additional two years. Under the proposed rule, schools would also pay a $30,000 fee for each renewal application.
The administration defended the fee as a response to what it described as fraud and abuse, calling the visa program a “pipeline for cheap foreign labor.” the proposed OPT fee rule The public has 60 days to comment before DHS can finalize the rule, and legal challenges from higher education or business groups could delay it further.
Critics wasted no time pushing back. Fanta Aw, CEO of NAFSA, an association representing international education, said the consequences would be broad. “Driving away the talents, perspectives, and aspirations of international students will only hurt American innovation, economic growth, workforce development, and global leadership,” Aw said in a written statement.
Doug Rand, a former senior adviser at U.S. Citizenship and Immigration Services during the Biden administration, predicted the fee would not survive in court, pointing to a $100,000 fee for H-1B visas that was struck down. “When we educate international students at our universities, and they want to work and apply their talents here after graduating, of course we should embrace them, not use an exorbitant fee as a pretext to send them packing,” Rand said in an email.
The proposal lands as international enrollment is already falling sharply. Last fall, the number of new international students entering the U.S. for the first time dropped 17%, the steepest decline since the COVID-19 pandemic. Sarah Spreitzer, vice president at the American Council on Education, said some individual colleges are now reporting enrollment drops of 30% to 40% this fall. She said OPT is a key reason foreign students choose American universities in the first place.
Houston-based immigration lawyer Steven Brown framed the fee bluntly. “I think this is the next level of attack, and I think it’s a design to kill the program without killing the program,” he said. “I don’t see too many schools wanting to pay $70,000 for a student to get OPT.”
The OPT proposal is part of a broader pattern. The Trump administration began terminating the legal status of thousands of international students last year, detaining and deporting many of them. A rule finalized this summer that capped international student stays at four years was blocked by a federal court in September. Separately, new Immigration and Customs Enforcement guidance on a related internship program prompted a lawsuit Monday, with education groups saying ICE was threatening college officials with criminal prosecution for noncompliance.
The 60-day public comment period is now open, and the rule could still face court challenges before it takes effect. Share your thoughts on this story in the comments below or on social media.
