APLU Response to Proposed Changes to Optional Practical Training

The U.S. Immigration and Customs Enforcement (ICE) and U.S. Department of Homeland Security issued a Notice of Proposed Rulemaking (NPRM) on October 8 proposing exorbitant new Optional Practical Training (OPT) fees that institutions would be required to pay for students to participate in the program. Comments are due on or before November 9.  APLU is preparing to file detailed comments illustrating the impacts a fee of this magnitude would have on institutions and the nation’s global competitiveness. The association is also preparing resources to help member institutions develop and submit their own comments.

The NPRM proposes that institutions pay a $70,000 fee the first time an F-1 student is recommended for pre- or post-completion OPT and a $30,000 fee for subsequent recommendations, including STEM OPT extensions. The proposed rule does not propose restrictions on how schools may collect the revenue for fee payments “to the extent that the school complies with all other applicable laws, including reporting foreign gifts and contracts under 20 U.S.C. 1011f.” Additionally, DHS specifically acknowledges “that the schools may pass the financial obligation of this proposed fee onto F-1 nonimmigrant students, all students, or employers.”

The association swiftly released a statement on the proposed changes, noting in part: “The U.S. Department of Homeland Security’s proposed changes to the Optional Practical Training (OPT) Program would substantially set back the national interest if promulgated. The U.S. is the strongest magnet for the world’s top talent, drawing the brightest minds from across the globe to learn and train in the U.S. OPT is a key draw for international students who can study at the world’s best universities and temporarily leverage their talents receiving training in their field of study after graduating. While the program undoubtedly benefits international students, it also has enormous benefits for the nation. International students contribute $43 billion to the U.S. economy. Such contributions are already under strain, with international student enrollments in decline.”

APLU is directly engaging campus experts through its councils and commissions with access to relevant data to support a detailed response and further advocacy.