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.
“The proposed fee would not be tied to a specific employer. 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, according to the DHS. 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). Instead, it would apply when schools recommend an F-1 nonimmigrant student for any type of 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. 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. Collected fees would be deposited in the Treasury of the United States,” the DHS said.
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. Earlier reporting noted: Existing federal regulations allow eligible F-1 nonimmigrant students to engage in OPT if the OPT is directly related to the student’s major area of study. To participate, F-1 nonimmigrant students must receive a recommendation from their designated school official (DSO) and apply for employment authorization with U.S. Earlier reporting noted: DHS clarified that under the proposed rule, SEVP-certified schools must 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 authorization with USCIS. USCIS would not grant employment authorization to F-1 nonimmigrant students if schools have not paid the required fee.
Earlier reporting noted: DHS said the proposed rule is 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.
