Attorneys general urge Homeland Security to drop $100,000 charge for international student work program
A multistate coalition that includes Connecticut, Maine, Massachusetts, Rhode Island and Vermont argues the proposed payment colleges would owe for students in Optional Practical Training is an unconstitutional tax that could cost schools billions.
HARTFORD, Conn. — Connecticut Attorney General William Tong joined a multistate coalition of attorneys general Thursday in urging the U.S. Department of Homeland Security to withdraw a proposed rule that would require colleges and universities to pay up to $100,000 for each international student recommended for a post-graduation work program.
In a comment letter, the coalition, which also includes the attorneys general of Maine, Massachusetts, Rhode Island and Vermont, argued that the rule exceeds the department's legal authority, imposes an unconstitutional tax and fails to weigh the harm to states and schools, according to Tong's office.
The program, Optional Practical Training, lets international students in the United States on F-1 visas gain work experience in their fields of study. Students are generally eligible for 12 months, and qualifying graduates in science, technology, engineering and mathematics can get an additional 24-month extension.
Under the rule the department published Oct. 8, schools would pay $70,000 for each international student they first recommend for the program and $30,000 for a later recommendation, including a STEM extension. Schools could seek reimbursement from students or employers but would have to send the payments to the department, according to Tong's office.
The letter says more than 294,000 students took part in the program nationwide in the 2024-2025 academic year and that keeping participation at that level could cost schools $12.9 billion a year, effectively forcing many to stop recommending students.
The attorneys general contend the charge is a tax that Congress has not authorized under the Immigration and Nationality Act, likening it to what they described as the administration's previously invalidated $100,000 H-1B charge. They also argue the department violated the Administrative Procedure Act by ignoring economic consequences and less harmful alternatives, and that it allowed only 30 days for public comment.
The coalition also includes Arizona, California, Colorado, Delaware, the District of Columbia, Hawaii, Illinois, Maryland, Michigan, Minnesota, New Jersey, New Mexico, New York, Nevada, North Carolina, Oregon, Virginia, Washington and Wisconsin.
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