The attorney general’s office said Nov. 9, 2026 that Attorney General led a multistate coalition in submitting a comment letter opposing a Department of Homeland Security proposed rule that would require colleges and universities to pay up to $100,000 for each international student seeking Optional Practical Training (OPT).
The office said the proposal would require institutions to pay $70,000 for each initial OPT recommendation and $30,000 for a subsequent recommendation, including STEM OPT extensions; the rule would allow institutions to seek reimbursement from students or employers but would require institutions to transmit the payments to DHS.
The coalition argues the proposal exceeds DHS’s fee‑setting authority, imposes an unconstitutional tax, and violates the Administrative Procedure Act; the office also said DHS provided only 30 days for public comment on a rule the office says could require institutions to pay billions annually.
The office said more than 294,000 students participated in OPT nationwide during the 2024-2025 academic year and that maintaining current participation could cost institutions $12.9 billion annually; the office said international students contributed $6.3 billion to California’s economy and supported more than 52,000 jobs in 2024-2025, and that the rule would discourage enrollment and shrink tuition, research and workforce benefits.
Bonta said, "We have already fought and won against this Administration’s attempt to impose an unauthorized $100,000 tax on H-1B visas, yet it continues to pursue unlawful overreach at the expense of our students, universities, and economy." He added, "International students bring diverse perspectives, strengthen our communities, and help drive discoveries and technological advancements that benefit us all. California thrives because of the talent and opportunities we welcome from around the world. We will continue to stand against the Trump Administration’s attacks on immigrant communities and defend the opportunities that make our state stronger."
The comment letter was led by Bonta and joined by 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.
The office noted this proposal follows prior Administration attempts to impose similar charges; the office said Bonta led a multistate challenge in December 2025 to a $100,000 H-1B charge and that a final judgment in June 2026 found that charge unconstitutional.
State
Rob Bonta
Attorney General · Democrat
Named once in this story.
Portrait: Official portrait
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