California Attorney General Leads Coalition Opposing OPT Rule That Would Charge Colleges Up to $100,000 Per International Student
California Attorney General Rob Bonta on November 9 led a multistate coalition of attorneys general in submitting a comment letter opposing a proposed federal rule that would require colleges and universities to pay up to $100,000 for each international student seeking to participate in Optional Practical Training (OPT).
OPT allows international students on F-1 visas to gain practical work experience related to their fields of study, generally for 12 months, with an additional 24-month extension for qualifying science, technology, engineering and mathematics (STEM) graduates. Under the proposed rule published by the U.S. Department of Homeland Security on October 8, 2026, institutions would pay $70,000 for each student they initially recommend for OPT and an additional $30,000 for a subsequent recommendation, including a STEM OPT extension, transmitting the payments to DHS while being allowed to seek reimbursement from students or employers.
The coalition argues the rule exceeds DHS's legal authority, characterizing the payment as an unconstitutional tax Congress has not authorized rather than a fee, and says DHS failed to adequately consider the financial and economic consequences and provided only 30 days for public comment. With more than 294,000 students participating in OPT nationwide in the 2024-2025 academic year, the letter estimates maintaining current participation could cost institutions $12.9 billion annually.
The letter notes international students contributed $6.3 billion to California's economy and supported more than 52,000 jobs in the 2024-2025 academic year. Bonta previously led a coalition that challenged the administration's $100,000 charge on new H-1B visa petitions and secured a final judgment in June 2026 finding it unconstitutional. The attorneys general of Arizona, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, New York, Nevada, North Carolina, Oregon, Rhode Island, Vermont, Virginia, Washington and Wisconsin joined the letter.
(Source: California Attorney General's Office)
Source: California Attorney General's Office
Published by GSM · USA (original Chinese edition)
Photo: 图：加州总检察长办公室所在地建筑。GSM 加州固定图库收录图片。 / Photo: Building housing the California Attorney General's office. Image from GSM's California asset library.
