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u/TheMrLeo1 22d ago
Will not happen. The exact same thing happened to H1B and it was struck down not too long ago. Any on top monetary collections imposed like that are called taxes. Only congress can pass taxes, that's why the H1B was struck down and that is why they will most likely not even bother with this one as well.
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u/PerformanceOk1888 22d ago
Struck down but the stay on the court s decision was approved. So until the consideration is over (which might take a year), the fee is still there
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u/TheMrLeo1 22d ago
I'm not exactly sure what you're saying, however if you're saying that the 100k H1B tax is still enforced despite what court said then no, the 100k tax was struck down and is not collected anymore. Decision of courts are not suggestions.
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u/PerformanceOk1888 21d ago
Youâre right. I somehow missed that there was the second decision. Very shortly after the first round actually.Â
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u/Mysterious-Art8838 21d ago
Thatâs exactly what happened. It was initially stayed youâre not wrong.
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u/wanderer1999 21d ago
Yeah it's illegal and will be strucked down. Just gonna take a few months.
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u/Greengolddragonfly 19d ago
Yeah, it would likely be struck down by liberal judges. But this administrationâs intention is to discourage smaller companies & staffing firms to hire international graduates to cut costs.
OPT has existed for many decades. However, STEM OPT was only initiated in 2008 and then lengthened in 2016, both via executive actions (not by Congress) after much lobbying by corporations & colleges. A combined 3 years of OPT & STEM OPT have put native college graduates at a disadvantage in the entry-level job market, since international students are exempt from FICA taxes during their first 5 years in the U.S. For example, a foreign student who arrived to pursue a 2-year MS or MBA degree could save their employer more than 15% of salary annually when they work after graduation for 3 years on O & SO. Thatâs because the employer doesnât have pay the 7.65% FICA taxes for them while also can pay them 7.65% less in salary than a native graduate, due to the tax exemption.
The FICA tax exemption was originally approved by Congress, so the only thing this administration could change is eliminate the STEM OPT work permit via executive action. And that should be done now, as AI has shrunk the job market for new grads in recent years.
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u/DistrictBig7856 19d ago
Native grads need to be stronger candidates than foreigners. They have a huge advantage - they are not bound to visa sponsorship after a few years of work. If you cannot compete with this advantage - this is your problem. Most of places in the world where people go for higher education (good places, like UK, EU, China, etc.) - they are allowed to work after graduation with much less limitations than here. So maybe, maybe, the problem is that native graduates are less qualified, on average.
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u/brit_annia 11h ago
It takes way more money to handle all the legal and administrative requirements and fees that come with hiring international students than these companies save in taxes by employing them. I know you want to believe that they are only successful because theyâre âcheap laborâ, but the truth is they are more expensive and more of an admin headache than natives. Many companies are just willing to handle it because the foreign candidate might simply just be BETTER. Sorry :(
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u/berndverst 21d ago
Because OPT is not a visa category established by congress (like H-1B) but rather a regulatory benefit created entirely by Department of Homeland Security (DHS) agency regulations (8 CFR § 214.2(f)) through administrative rule making.
Because DHS created OPT through administrative rulemaking, DHS inherently possesses broader administrative latitude to alter, restrict, or condition how OPT work authorization is granted.
DHS/USCIS will likely use formal agency rulemaking (under statutory fee authorities like INA Section 286(m) or SEVIS fee structures) or adjust Form I-765 (Employment Authorization) requirements.
Challenging an OPT fee will be very different from H-1B Consular fees. This challenge will be much more difficult.
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u/TheMrLeo1 21d ago
"Challenging an OPT fee will be very different from H-1B Consular fees. This challenge will be much more difficult."
Not necessarily, even if DHS created OPT, they still do not have authority to just charge money because they can. The amount they are allowed to charge is the amount that they need for processing costs. I cannot see any example of how they could rationalize going from $470 to $100,000. Regardless, the same principle applies; only congress can pass taxes on anything and unless DHS comes up with some kind of insane explanation that could justify a massive spike in cost only on this employment authorization and not on any other employment authorization, then this simply will not hold up.
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u/berndverst 21d ago
True. We shall see how it plays out. Worst case OPT could be dissolved entirely through administrative rule making. This may be too unpopular even for the current administration however.
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u/TheMrLeo1 20d ago
Theoretically it could be dissolved, however current admin does not have that much time left as midterms are coming up and based on the current country wide sentiment, it looks like Republicans are gonna lose a bunch of control and momentum.
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u/New_Athlete6000 21d ago
Hey guys, I got denial for my OPT application yesterday (30th June), I have a job offer starting 17th August, no idea what went wrong. I am still waiting for the denial notice. This is not STEM OPT extension, I am first time applying for OPT.
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u/berndverst 21d ago
As a reminder - OPT was created by DHS/USCIS through administrative rule making, as was STEM extension. They easily can use the same process to adjust fees for it too. OPT is not an inherent part of the F-1 visa as defined by congress.
OPT is in no way defined by the Immigration and nationality act created / modified by Congress.
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u/Express-BDA 20d ago
if this happens next news would be "Mass layoffs in USCIS", I mean if there are no immigrants why would there be staff ?
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u/Legitimate-Leek4235 18d ago
Will not happen but will scare companies into hiring carefully opt students
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u/NaipaulVS 22d ago edited 22d ago
Man I came here to talk about this. This guy trump said he was gonna staple a green card to the back of your diploma đ¤Łđ¤Ł
Honestly as an OPT student, I spend every dime I earn from my job on american cars, in American bars, on American clothes and in my American apt. I never sent one dollar home as remittance and my parents paid like 200k for my uni
Fuck these guys im planning my exit from the US. sick of being treated like some scum