New OPT fee proposed by DHS.
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.
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.
What was the earlier $100K OPT fee proposed?
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Who will pay?
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. Instead, it would apply when schools recommend an F-1 nonimmigrant student for any type of OPT.
The proposed fee would not be tied to a specific employer. Collected fees would be deposited in the Treasury of the United States.