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H1B

OPT Shutdown Push: Impact on Indian and International Students

A 13-member Republican push seeks to end OPT, arguing it evades the 85,000 H‑1B cap and harms U.S. graduates. In 2024, 194,500 received OPT authorization, plus 95,400 STEM extensions. Supporters emphasize talent retention; opponents stress wage, tax, and security concerns. The program remains active while students and universities weigh contingency plans.

Last updated: December 10, 2025 12:29 am
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📄Key takeawaysVisaVerge.com
  • A group of 13 Republican lawmakers sent a Dec. 4 letter urging immediate termination of OPT.
  • USCIS data show 194,500 OPT recipients in 2024, plus about 95,400 STEM OPT extensions.
  • Critics say OPT circumvents the H‑1B annual cap of 85,000 and depresses wages for U.S. graduates.

(UNITED STATES) A fresh push by 13 Republican lawmakers to shut down the Optional Practical Training (OPT) program has jolted tens of thousands of international students and recent graduates, especially from India and China, who rely on it as a bridge to long-term work and immigration in the United States 🇺🇸. In a letter dated December 4, led by Missouri Senator Eric Schmitt and sent to senior White House and Department of Homeland Security officials, the group called OPT “dangerously unauthorised, abused and costly to the American taxpayer” and urged the Biden administration to end it outright, arguing it is being used to get around the H-1B visa cap.

What OPT is and its history

OPT Shutdown Push: Impact on Indian and International Students
OPT Shutdown Push: Impact on Indian and International Students

The lawmakers say OPT was never approved by Congress and instead was created through agency regulation, first in 1992 and then expanded in 2008 when the Department of Homeland Security introduced a longer work period for graduates in STEM fields (science, technology, engineering and mathematics).

Under current rules:
– Most F‑1 students can work up to 12 months after graduation through OPT.
– STEM graduates can seek a 24‑month extension, giving them as much as three years of U.S. work authorization.

According to U.S. Citizenship and Immigration Services data cited in the letter, more than 194,500 foreign students received work authorization through OPT in 2024, with another 95,400 on STEM OPT extensions.

Key figures at a glance

Item Number
OPT recipients in 2024 194,500
STEM OPT extensions in 2024 95,400
H‑1B annual cap 85,000 (including 20,000 for advanced U.S. degree holders)

Why OPT matters to students

For many international students, those numbers are not just statistics but the structure of their life plan. OPT is often:
– their first paid job in the United States,
– their first chance to prove themselves to an American employer,
– the main stepping stone to a long‑term work visa such as H‑1B and, in some cases, to a green card.

For Indian engineering and IT graduates, the program has become a central piece of the informal chain often summed up as “student → skilled worker → immigrant.” VisaVerge.com reports that for large groups of Indian and Chinese students, the promise of OPT-backed work experience is a major reason they pick U.S. universities over those in Canada, Australia, or Europe.

How the new push frames OPT: Main criticisms

The new political attack centers on how OPT interacts with the contested fight over high‑skilled work visas. The lawmakers argue:
– OPT lets companies draw from a pool of foreign graduates who do not count toward the yearly H‑1B visa cap.
– By hiring on OPT first, employers can keep workers for years even if they lose in the H‑1B lottery, then try again the following year.
– This, they say, “circumvents” congressional limits and “has become the largest unregulated guest‑worker scheme in the U.S.,” benefiting big corporations and large universities most.

Other complaints in the letter include:
– OPT was created through regulation rather than direct congressional approval.
– Allowing OPT to continue or be codified would make it harder to reverse later.

“Dangerously unauthorised, abused and costly to the American taxpayer” — wording from the December 4 letter by Senator Eric Schmitt and 12 other Republican lawmakers.

Economic and labor-market concerns raised

The lawmakers also argue OPT harms recent American graduates:
– Many students on OPT remain on F‑1 status and, in many cases, are exempt from Social Security and Medicare payroll taxes.
– They claim employers can save money by choosing foreign graduates over U.S. citizens and permanent residents.
– Those tax breaks, combined with a steady supply of OPT workers, are said to depress wages and sideline domestic candidates—particularly in entry‑level tech, engineering and research roles.
– The letter warns of tax revenue losses and calls the structure “costly to the American taxpayer.”

National security concerns

National security fears are also part of the campaign. The signatories contend that:
– Broad access to U.S. companies and labs through OPT could let foreign nationals from what they term “adversarial countries” enter sensitive fields such as defense technology, advanced telecommunications, and semiconductor research.
– They argue current vetting is insufficient and that universities and companies have strong financial incentives to keep the program large.
– The group warns that small reforms might “codify” OPT and make it harder to roll back later, comparing it to other immigration policies that began as temporary and became permanent.

Impact on students, families, and universities

For students and families, the debate feels less like theory and more like a threat to personal investment and future plans. Examples of potential impacts:
– A student from India paying high tuition and living costs for a two‑year master’s program often expects OPT to provide a pathway to U.S. work experience and later H‑1B sponsorship.
– If OPT were cut off, that bridge between graduation and long‑term employment would vanish, forcing many to either leave the U.S. right after their course ends or accept unpaid or short on‑campus work with little career growth.

Immigration lawyers and university advisers note that talk of an OPT shutdown can already change student behavior:
– Prospective students may opt for countries with clearer post‑study work routes (e.g., Canada’s Post‑Graduation Work Permit, multi‑year visas in Australia and some European countries).
– U.S. campuses that depend on full‑fee international students could see declines in applications, which would affect research funding, graduate programs, and local college-town economies.

OPT and the H‑1B “cap‑gap”

OPT ties directly into H‑1B mechanics via the cap‑gap extension:
– An F‑1 student whose OPT is expiring can remain in valid status and often keep working if their employer’s H‑1B petition (selected in the lottery) is approved with a change of status starting October 1.
– Without OPT, many students could be forced to leave before employers are ready to file H‑1B petitions, making the already intense H‑1B competition even harder.

Current status and government response

The Biden administration has not signaled plans to shut down OPT, and for now the program continues as usual. Official information about F‑1 students and OPT is posted on the U.S. Citizenship and Immigration Services website at:
– https://www.uscis.gov/working-in-the-united-states/students-and-exchange-visitors/f-1-students-optional-practical-training-opt

At the same time, the overall climate for high‑skilled immigration has tightened:
– Recent years have brought higher H‑1B filing fees, new lottery rules, and closer reviews of applications.
– Earlier legislative efforts, such as the Fairness for High Skilled Americans Act of 2025, tried to cut back or reshape work options for foreign graduates, indicating OPT has been a recurring target.

Arguments in favor of OPT

Supporters of OPT—many universities and large employers in technology and research—argue:
– OPT helps the United States retain global talent and remain competitive.
– Foreign students trained in U.S. classrooms should have at least a short period to work in the country that educated them.
– Many OPT workers fill genuine skill gaps in fast‑moving fields like artificial intelligence, cybersecurity, and advanced manufacturing.
– Students on OPT pay federal and state income taxes and contribute to local communities, even if some are initially exempt from certain payroll taxes.

These positions are primarily voiced by institutional statements and advocacy groups, while the December 4 letter represents a coordinated political push focused on domestic labor and security concerns.

Immediate reactions and next steps for affected students

For Indians and other internationals already in the U.S. on OPT:
– Their legal status has not changed yet, but political risk has increased.
– Many are actively staying informed, checking policy alerts, and discussing backup plans with employers. Common contingency steps include:
1. Earlier H‑1B filings where possible.
2. Transfers to company offices in Canada, Europe, or Asia.
3. Exploring alternate visa categories or temporary moves.

Families back home, having often invested heavily in a U.S. degree, now face tougher calculations about whether to encourage future students to follow the same route.

Final considerations

Prospective students weighing U.S. university offers may now add an extra question to their decision-making: “What if OPT ends?” For some, that could shift choices to countries with more stable post-study work rules. For others, the draw of a U.S. degree and the possibility of long-term work will still outweigh the risk.

The campaign against OPT has not resolved the question of how many foreign graduates can work in the U.S. or under what rules. What is clear is that the debate—balancing economic, labor, and national security concerns—remains active and consequential for students, universities, employers, and policymakers.

📖Learn today
OPT
Optional Practical Training, a work authorization for F-1 students after graduation allowing temporary employment in the U.S.
F-1
A nonimmigrant student visa that permits full-time study in the United States and limited post-graduation work via OPT.
H-1B cap
The annual numerical limit (85,000) on new H-1B work visas, including a 20,000 exemption for U.S. master’s degree holders.
STEM OPT extension
A 24-month extension of OPT for eligible graduates in science, technology, engineering, and mathematics fields.

📝This Article in a Nutshell

Thirteen Republican senators and representatives urged ending OPT, claiming it was created by regulation, abused by employers, and circumvents the 85,000 H‑1B cap. OPT granted 194,500 work authorizations in 2024, with about 95,400 STEM extensions. Critics cite wage pressure, tax exemptions, and national security risks; supporters say OPT retains global talent and fills technical skill gaps. The Biden administration has not moved to end OPT, but the debate raises uncertainty for international students, universities, and employers.

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Sai Sankar
BySai Sankar
Editor in Cheif
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Sai Sankar is a law postgraduate with over 30 years of extensive experience in various domains of taxation, including direct and indirect taxes. With a rich background spanning consultancy, litigation, and policy interpretation, he brings depth and clarity to complex legal matters. Now a contributing writer for Visa Verge, Sai Sankar leverages his legal acumen to simplify immigration and tax-related issues for a global audience.
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