DHS may slam immigration 'back door' shut with new $70,000 fee

A program identified by the Trump administration as a potential significant source of fraud may be getting a major overhaul.

Last Wednesday, the Department of Homeland Security announced a proposed rule that could change a major "pipeline" for nonimmigrant students to get jobs in the United States.

'A $70,000 university-paid fee could dramatically shrink it and potentially make OPT unworkable for a large number of international graduates.'

The DHS has proposed a new rule regarding the Optional Practical Training, a contingent program often used by nonimmigrant students with F-1 visas to find temporary employment within the United States.

If finalized, the new rule would place a significant financial burden on universities if and when they decide to recommend a student for OPT.

“Optional Practical Training was never meant to be a back door into the American workforce, a subsidy for cheap labor, or a prize for those who game the system,” a DHS spokesperson said in a press release.

“DHS is upskilling OPT to require foreign students to justify their worth to employers. American workers should not have to compete against a program that has been turned into a pipeline for cheap foreign labor.”

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The higher barrier would, the administration argues, potentially decrease the amount of fraud within the program, which has reportedly suffered issues such as "problematic worksites and 'pay-to-stay' visa schemes."

The new rule would also add an extra $30,000 fee for additional OPT windows, meaning a student who is granted OPT, for example, during their program and again after the completion of their program would need to have the university recommend him or her both times and pay the base $70,000 plus the additional $30,000 fee.

The rule and the press release emphasize that the fees would be connected not to the employers to which these students are sent, but to the universities who are recommending them.

According to the proposal, the fees collected will be deposited in the Treasury of the United States.

Many have called for an overhaul of the OPT program for a significant amount of time, not least among them Sen. Eric Schmitt (R-Mo.).

In November 2025, Sen. Schmitt highlighted the "severe problems" with the OPT program, and his request to re-evaluate the program gained some traction within the Trump administration.

Schmitt called the OPT program, which was established through DHS regulations rather than a statute, a "back door into the U.S. job market for foreign workers," adding that it "incentivizes colleges to become 'visa mills.'"

Then-DHS Secretary Kristi Noem replied to Sen. Schmitt at the beginning of this year, writing that DHS was re-evaluating the program.

Rahul Reddy, an immigration lawyer at Reddy Neumann Brown PC, stressed that this was an "extraordinary" change that could possibly go into effect around graduation season next year.

"In practical terms, the proposal does not formally abolish OPT," Reddy wrote. "But a $70,000 university-paid fee could dramatically shrink it and potentially make OPT unworkable for a large number of international graduates."

The DHS will accept public comments before the rule is made final. Members of the public can view the proposed rule on the Federal Register website and submit comments until November 9.

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