UC Berkeley's International Office will oppose a new federal proposal requiring universities to pay $70,000 before they can recommend international students for work authorization, according to an Oct. 7 email sent to students. The U.S. Immigration and Customs Enforcement plan targets Optional Practical Training, a program that lets international graduates work in their field of study after completing their degrees. The Berkeley International Office told students the proposal hasn't taken effect yet and current procedures remain in place.
Under the ICE plan, colleges would pay the initial $70,000 charge, then an additional $30,000 for each individual student's subsequent work authorization recommendation, including extensions for STEM degree holders. Optional Practical Training currently permits international graduates to work for up to one year, while those with qualifying STEM degrees can request a two-year extension. ICE indicated that schools could transfer these costs to students or their employers. The public comment window closes Nov. 9, and if approved, the regulation would become active 60 days following publication of the final rule.
Fanta Aw, who leads NAFSA: Association of International Educators as CEO and executive director, questioned whether ICE had shown sufficient evidence to warrant the charges. "We need much more explanation and evidence supporting widespread fraud to justify such an exorbitant fee," Aw said. She cautioned that the fees might push international students toward other countries, which could damage U.S. research and innovation. "International students will find other destinations," Aw warned. Kessi Chen, a UC Berkeley graduate from China working in marketing analysis with an OPT visa, said the recent policy shifts have made her question remaining in the country. ASUC Senator Sandra Ding called the proposed charge "ridiculous" and urged UC Regents to mount a court challenge.
ICE maintains the mandatory payment would help prevent immigration fraud and safeguard American jobs by encouraging universities to review OPT applications more rigorously. But NAFSA plans to file public comments opposing the measure and push other institutions to do the same, while Berkeley's International Office intends to collaborate with campus administrators and higher education groups to fight the fees. The University of California hasn't decided whether it would absorb the costs—spokesperson Rachel Zaentz said the system is still evaluating the proposal. Senator Ding is working with the University of California Student Association to secure backing from UC's Federal Government Relations team, potentially setting up a confrontation between one of the nation's largest public university systems and federal immigration authorities over who pays to keep international talent in America.