DHS proposes $70K fee for foreign students' work authorization

The Department of Homeland Security has proposed a sweeping increase to the cost of work authorization for foreign students, a move that would transform one of the most accessible pathways into the American labor market. Under the new rule, F-1 visa holders seeking optional practical training—the program that allows international students to work in their field of study—would face a $70,000 fee for initial authorization, with an additional $30,000 charge for any extension. The current cost hovers around $500.

Optional practical training, or OPT, has long served as a bridge between the classroom and employment. Eligible students can work part-time while still enrolled and full-time after graduation, provided they secure a job in a field directly related to their major, receive approval from a designated school official, and obtain employment authorization from U.S. Citizenship and Immigration Services. For graduates in science, technology, engineering, and mathematics fields, the program offers an additional 24-month extension—a particularly valuable benefit in competitive sectors where specialized talent commands premium salaries.

DHS frames the proposed fee structure as a corrective measure. The agency argues that OPT has been corrupted from its original purpose, transformed into what officials describe as a subsidy for cheap labor and a back door into permanent workforce participation. A department spokesperson stated that the program was never intended to function as either a discount hiring mechanism or a prize for those willing to exploit regulatory gaps. The agency maintains that higher fees would compel educational institutions to exercise stricter oversight before recommending students for authorization, forcing schools to demonstrate that each applicant genuinely merits the opportunity.

The justification rests on documented problems. The Student and Exchange Visitor Program, which oversees international student compliance, has identified widespread fraud and abuse. According to DHS, certain schools, designated school officials, employers, and students themselves have engaged in illicit arrangements—operating non-compliant worksites, orchestrating what the agency calls "pay-to-stay" visa schemes, and circumventing regulations designed to protect both the integrity of the student visa system and the interests of American workers.

But the proposal faces immediate skepticism from those who work in talent recruitment and immigration policy. Doug Rand, director of the Talent Mobility Fund, an organization focused on attracting foreign STEM professionals to the United States, dismissed the rule as legally vulnerable. He noted on LinkedIn that DHS lacks the statutory authority to impose such a fee, and predicted the proposal would fail in court much as previous restrictionist policies have—including a proposed $100,000 fee for H-1B visa holders that was struck down. Rand's assessment reflects a broader concern: that aggressive fee structures, even when framed as anti-fraud measures, may exceed the agency's legal mandate.

The rule will now enter a public comment period, during which stakeholders—universities, employers, student advocacy groups, and immigration attorneys—will have the opportunity to submit formal objections or support. That process typically precedes any final implementation, meaning the proposal remains in a preliminary stage. Whether DHS can withstand legal challenge, and whether Congress might intervene to clarify or constrain the agency's authority, remains an open question. What is certain is that if the rule survives scrutiny, it would fundamentally alter the calculus for international students considering work authorization in the United States.