OPT Program Faces Termination Risk Amid 2025 Legislative Push

(UNITED STATES) The OPT program that lets international students work in the United States 🇺🇸 after graduation faces its most serious challenge in years, as Congress weighs the ‘Fairness for High-Skilled Americans Act of 2025’ and federal agencies step up enforcement. As of October 14, 2025, OPT remains in effect, but lawmakers pushing the bill say the Department of Homeland Security created OPT by regulation, not statute, and they want Congress to either explicitly authorize it or end it. Supporters warn that outright termination of OPT would disrupt the talent pipeline for universities and employers.

Introduced by Representative Paul A. Gosar and backed by Senator Chuck Grassley, the bill seeks the termination of OPT unless Congress approves it anew. Sponsors argue the program gives employers a cost advantage because many student workers on OPT are exempt from FICA payroll taxes and can be hired outside the H-1B visa cap. Proposals tied to the measure would also tax earnings by removing that FICA exemption for OPT participants. According to analysis by VisaVerge.com, the debate has sharpened in 2025 as Congress revisits long-running questions about how temporary work options for students affect U.S. workers and overall wage levels.

Policy developments and enforcement climate

The sharpest near-term risk comes from legislative action. The Fairness for High-Skilled Americans Act would directly target the legal basis for OPT, which has relied on rules issued by the Department of Homeland Security. While federal courts as recently as 2023 upheld DHS authority to run OPT, the proposed law would override that by requiring express congressional authorization. If the bill advances, it could force a pause or end to OPT unless Congress acts.

At the same time, federal enforcement has tightened. Under President Trump, agencies rolled out stricter oversight and penalties around student work compliance. That tougher stance has continued in operational steps this year.

• ICE has sent warning letters to students reminding them to report qualifying employment on time or risk SEVIS record termination and removal.
• Students on post-completion OPT have 90 days of total unemployment; once they exceed that limit, failing to report employment within 15 days has triggered status terminations.

In late March 2025, thousands of students saw their SEVIS records terminated. Some records were later restored after legal challenges, but the episode shows how quickly noncompliance can lead to loss of status. Universities and campus international offices have urged heightened vigilance and careful recordkeeping as audits grow and deadlines are enforced more strictly.

Important: Increased enforcement means small reporting delays can result in SEVIS termination and possible removal. Maintain timely, accurate records.

What’s at stake for students, schools, and employers

Participation in OPT remains large. In 2024:

• There were about 1.58 million F-1 and M-1 students and recent graduates in the U.S.
• Roughly 418,000 (26%) had work authorization under OPT.
• The majority came from India and China, and most worked in STEM fields with major technology employers.
• The STEM extension adds 24 months beyond the standard 12 months, forming a key bridge toward H-1B status.

Critics call OPT a “temporary worker program” built by regulation rather than law and say it lacks enough safeguards for U.S. workers. They argue employers can pick lower-cost hires by avoiding certain payroll taxes and the H-1B cap, which changes hiring incentives.

Supporters—universities, tech firms, and business groups—counter that OPT:

• Helps the U.S. attract high-skill students
• Supports research and innovation at campuses and labs
• Feeds a workforce many sectors rely on
• Generates local spending and often leads to longer-term employment once graduates secure other status

As the termination of OPT becomes a live possibility, campus leaders worry about mid-year disruptions. If Congress ends the program without a transition plan, students with pending applications or active employment could be left in limbo. Employers warn of impacts on project timelines, training investments, and regional hiring plans.

International students, who often plan their studies around the chance to gain U.S. work experience, face hard choices: apply sooner, change fields, or seek options in other countries.

Practical guidance and compliance checklist

For now, the rules still apply as written. Students can find official program details on the USCIS OPT guidance page, including eligibility, reporting duties, and timelines. Universities urge students to maintain a clear paper trail and keep employer details up to date in SEVIS.

Key actions to protect status:

1. Confirm OPT is active — As of October 14, 2025, OPT remains in effect.
2. Track unemployment — Do not exceed 90 days of total unemployment for post-completion OPT.
3. Report employment quickly — If you exceed the unemployment cap, report qualifying employment within 15 days to avoid SEVIS termination.
4. Keep SEVIS updated — Maintain current employer name, location, and start date.
5. Work with your international office — They can help ensure timely updates and documentation.
6. Document job searches — If still looking for work, keep records of applications and outreach.

ICE has made clear that missing required updates can lead to status loss and possible removal. In this enforcement setting, even small delays can trigger big problems.

Policy paths and possible outcomes

Lawmakers backing the Fairness for High-Skilled Americans Act say they want Congress, not agencies, to decide the scope of post-study work. That message resonates with groups that have long challenged OPT in court. Recent rulings have favored DHS, but a statute could move the decision away from judges and toward the legislative branch.

Possible legislative outcomes include:

• Pause or termination of OPT until Congress enacts new authorization
• Continuation of OPT with new requirements (for example, removing the FICA exemption)
• Reform measures such as requiring payroll taxes while preserving training periods

Even without final passage, the bill has already influenced behavior:

• Schools advise earlier filing
• Employers review payroll practices
• Students double-check work plans and timelines

Bottom line

• OPT remains in place as of October 14, 2025, but its legal and political foundation is in flux.
• The coming months will determine whether Congress reaffirms OPT in law, reshapes it through tax or reporting changes, or ends it.
• Until then, strict compliance with reporting rules and timely coordination with school international offices is the best protection for students and employers.