The Trump administration’s latest immigration policies are hitting American universities.
On Wednesday, the Department of Homeland Security proposed a new rule that would require schools to pay a $70,000 fee to enable international students to work in the US on a type of student work authorization called Optional Practical Training. The department is also proposing an additional $30,000 fee for any subsequent OPT periods.
An ICE spokesperson told Business Insider the proposal is designed to strengthen program oversight and address concerns of fraud and abuse in the program.
The Trump administration has made a slew of changes in the past 12 months in an effort to reshape legal immigration processes. Those include changes to the H-1B process, which Business Insider has been covering in our ongoing H-1B Fallout series, and changes that impact how long students on F-1 visas will initially be admitted to stay in the US. This week’s OPT proposal came one day before the administration announced it was suspending tech companies, including Microsoft, from a program used to sponsor foreign workers for permanent residency.
Business Insider spoke to two attorneys who broke down the answers to three important questions about what this proposed rule could mean if it goes into effect, and how international students should be responding now.
Who stands to be impacted by the $70,000 fee?
The proposed rule places an added burden on universities at a time when many are already facing financial pressures, said Hector Chichoni, a partner at the business law firm Greenspoon Marder.
But this burden could be handed down from the universities to other parties, he said, since it states that schools “may pass the financial obligation of this proposed fee onto F-1 nonimmigrant students, all students, or employers.”
Aaron Blumberg, a partner at the immigration law firm Fragomen, said this could make OPT financially inaccessible for many international students who are asked to fork out the cash. In turn, this risks “limiting opportunities for international students to gain valuable U.S. work experience,” he said.
This could have ripple effects on American students, Blumberg added. International students bring in tuition revenue to US colleges, but an OPT fee might discourage international enrollment, creating financial consequences for these institutions that could lead to higher tuition and fewer academic programs and campus resources.
There could also be consequences for employers seeking highly skilled graduates, Blumberg said, as “OPT has long been an important bridge between U.S. higher education and the American workforce.”
What if I’m an international student studying in the US right now?
Both Blumberg and Chichoni stressed the importance of understanding this is a proposed rule, not a finalized law.
Blumberg said current international students should continue to pursue their educational and professional goals while staying informed on the latest developments and working closely with their university’s international student office.
Chichoni advised students who are currently eligible for OPT or STEM extensions not to delay their filings, “to ensure the applications are grandfathered in before any final regulatory shifts.”
Are you living, working, or studying in the US on a visa and have a story to share? Get in touch with this reporter at [email protected].
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