Paul Gosar pushes to end Optional Practical Training for students

Key Takeaways

• Paul Gosar reintroduced H.R. 2315 to eliminate the OPT program for international students.
• OPT legally upheld by courts; Supreme Court refused review in October 2023.
• OPT fills high-skill job shortages amid 7.6 million U.S. job openings in 2025.

The debate over the Optional Practical Training (OPT) program has intensified following Representative Paul Gosar’s reintroduction of the Fairness for High-Skilled Americans Act of 2025 (H.R. 2315). This bill seeks to eliminate the OPT program, which allows international students to gain work experience in the United States 🇺🇸 after graduation. Gosar’s statements supporting the bill have sparked controversy, with claims about the program’s legality, impact on American workers, and broader economic effects. This analysis examines the purpose and scope of the OPT program, evaluates the methodology behind Gosar’s claims, presents key findings, and offers evidence-based conclusions. Visual descriptions and data comparisons are included to help readers understand the trends and implications.

Purpose and Scope Statement

This analysis aims to provide a clear, factual review of the claims made by Paul Gosar regarding the Optional Practical Training program and the Fairness for High-Skilled Americans Act. The focus is on the program’s legal foundation, its impact on the U.S. labor market, the tax implications for employers, and the relationship between OPT and the H-1B visa system. The analysis also considers the potential effects on international students, especially those from India 🇮🇳, and the likelihood of legislative change.

Methodology

The analysis draws on official government data, court decisions, labor market statistics, and expert commentary. Key claims by Paul Gosar are compared with available evidence from sources such as the U.S. Department of Homeland Security, the Open Doors report, and labor market reports. The legislative history of the OPT program and previous attempts to eliminate it are reviewed to provide context. Data is presented in a way that is easy to understand, with visual descriptions replacing charts or graphs.

Key Findings Upfront

• OPT’s Legal Status: The program was not created by Congress but established through regulatory authority. Courts have upheld its legality, and the Supreme Court declined to review a challenge in 2023.
• Labor Market Impact: Data shows that the United States 🇺🇸 has millions of unfilled jobs, especially in high-skill sectors. There is little evidence that OPT displaces American workers.
• Tax Incentives: While OPT participants and their employers are exempt from certain payroll taxes, this is only one factor in hiring decisions.
  – Relationship to H-1B: OPT does not bypass the H-1B visa cap but serves as a transitional period for international graduates.
• Legislative Outlook: The Fairness for High-Skilled Americans Act faces significant hurdles and is unlikely to pass in the current Congress.

Data Presentation with Visual Descriptions

1. OPT Program Overview

– Who Qualifies: International students on F-1 visas can work for up to 12 months in jobs related to their studies. STEM graduates can extend this by 24 months, for a total of 36 months.
– When Used: OPT can be used before graduation (pre-completion) or after (post-completion). The current bill targets post-completion OPT.
– Current Participation: As of the 2023-24 academic year, about 97,556 Indian students are participating in OPT, out of 331,000 Indian students in the U.S.

Visual Description: Imagine a large group of international students, with about one-third of Indian students in the U.S. using OPT to gain work experience after graduation.

2. Legal Foundation and Court Decisions

• Regulatory Authority: OPT was created through federal regulations, not a specific law passed by Congress.
• Court Challenges: The Washington Alliance of Technology Workers Union (Wash Tech) challenged OPT’s legality, but courts upheld the program. The Supreme Court declined to hear the case in October 2023.

Visual Description: Picture a timeline showing the creation of OPT, legal challenges, and court decisions, ending with the Supreme Court’s refusal to overturn lower court rulings.

3. Labor Market Data

• Job Openings: As of April 2025, there are 7.6 million job openings in the United States 🇺🇸.
• STEM Shortages: High-skill sectors like technology, healthcare, and engineering face the greatest shortages.
• Future Demand: The U.S. is expected to create 1.1 million new STEM jobs over the next decade.

Visual Description: Imagine a bar graph with millions of open jobs, with the tallest bars representing technology and healthcare.

4. Tax Implications

• Payroll Taxes: OPT participants and their employers do not pay certain payroll taxes (FICA and Medicare) for a limited time.
• Employer Savings: NumbersUSA estimates employers save about 8% in payroll costs when hiring OPT workers.
• Other Costs: Employers also face legal, visa, and training costs when hiring international graduates.

Visual Description: Picture a pie chart showing payroll costs, with a small slice representing the savings from tax exemptions, and other slices for legal and training expenses.

5. H-1B Visa Relationship

• Transition Period: OPT provides a bridge for international students to gain work experience while applying for H-1B visas.
• Lottery System: H-1B visas are limited and awarded by lottery, so not all OPT participants can transition to H-1B status.

Visual Description: Imagine a flowchart showing students moving from F-1 status to OPT, then some moving on to H-1B, with others returning home or seeking other options.

Comparisons, Trends, and Patterns

A. OPT vs. H-1B: Different Purposes

• OPT: Temporary work authorization for recent graduates to gain experience in their field.
• H-1B: Employer-sponsored visa for specialty occupations, subject to annual caps and a lottery system.

Pattern: OPT acts as a stepping stone for many international students, but does not guarantee a long-term work visa.

B. Labor Market Needs vs. Claims of Displacement

• Claim: Paul Gosar argues that OPT “undercuts American workers.”
• Evidence: Persistent job shortages in high-skill sectors suggest that OPT fills gaps rather than displacing U.S. workers.

Trend: As the U.S. economy continues to create high-skill jobs, the need for qualified workers—both domestic and international—remains strong.

C. Legislative Attempts and Outcomes

• History: Paul Gosar has introduced similar bills before, none of which have passed.
• Current Status: H.R. 2315 has nine Republican co-sponsors and is in committee, with little movement expected.

Pattern: Repeated legislative attempts to eliminate OPT have failed, reflecting the program’s broad support and legal resilience.

Evidence-Based Conclusions

1. OPT’s Legal Standing Is Strong

The claim that OPT was “never authorized by Congress” is technically correct but misleading. The program was established through regulatory authority, a common practice for immigration programs. Courts have upheld this approach, and the Supreme Court’s refusal to review the case in 2023 further solidifies its legal standing.

2. OPT Does Not Significantly Displace American Workers

Labor market data contradicts the claim that OPT “undercuts American workers.” With millions of job openings and ongoing shortages in STEM fields, OPT participants are filling roles that might otherwise remain vacant. The U.S. economy benefits from this influx of skilled talent, especially in areas where domestic supply falls short.

3. Tax Incentives Are Only One Factor in Hiring Decisions

While it is true that employers save on payroll taxes when hiring OPT participants, this is just one part of the overall cost. Employers must also consider legal compliance, visa processing, and training expenses. The eight percent savings cited by NumbersUSA does not account for these additional costs.

4. OPT Does Not Circumvent H-1B Caps

OPT serves as a temporary work authorization for recent graduates, not a way to bypass H-1B visa limits. Most OPT participants who wish to stay longer must still enter the H-1B lottery, which is highly competitive and subject to strict caps.

5. The Fairness for High-Skilled Americans Act Faces Major Hurdles

Given the current political landscape, with a divided Congress and strong support for OPT from academic institutions and employers, the bill is unlikely to become law. Previous attempts to eliminate OPT have failed, and experts do not expect this effort to succeed.

Limitations

• Data Gaps: Some labor market data may lag behind current trends, especially in fast-changing sectors like technology.
• Political Uncertainty: Legislative outcomes can be unpredictable, especially in a closely divided Congress.
• Employer Perspectives: While many employers support OPT, not all industries or regions benefit equally from the program.

Practical Guidance and Next Steps

• For International Students: OPT remains fully operational. Students should continue to apply for OPT as usual and monitor updates from the U.S. Department of Homeland Security. For official information on F-1 student work options, visit the USCIS OPT page.
• For Employers: Hiring international graduates through OPT is still allowed. Employers should be aware of the payroll tax exemption and other compliance requirements.
• For Policymakers: Any changes to OPT should be based on up-to-date labor market data and consider the needs of both U.S. workers and the broader economy.

Comparative Analysis: OPT and U.S. Labor Market Needs

A closer look at the numbers reveals the scale of the challenge. With 7.6 million job openings and only a limited number of domestic graduates in STEM fields, the United States 🇺🇸 relies on international talent to fill critical gaps. The OPT program helps bridge this divide, especially as the country prepares for 1.1 million new STEM jobs over the next decade.

Visual Description: Imagine a map of the United States 🇺🇸 with hotspots in cities like San Francisco, Seattle, and Boston, where tech and healthcare jobs are most in demand. OPT participants are concentrated in these areas, helping to meet local workforce needs.

Stakeholder Perspectives

• International Students: For many, OPT is a key reason to study in the United States 🇺🇸. It offers a chance to gain real-world experience and, for some, a pathway to longer-term employment.
• Employers: Companies in high-skill sectors value the flexibility and talent that OPT brings, especially when domestic supply is limited.
• American Workers: While some groups express concern about competition, most evidence suggests that OPT fills roles that might otherwise go unfilled, supporting overall economic growth.

Expert Opinions

Education and immigration experts widely agree that the OPT program benefits the U.S. economy. According to analysis by VisaVerge.com, the program’s legal foundation, economic impact, and support from employers and universities make it a vital part of the U.S. immigration system. While organizations like NumbersUSA question the need for OPT, most data points to ongoing shortages in high-skill fields.

Legislative Process and Outlook

The Fairness for High-Skilled Americans Act, introduced by Paul Gosar, is currently in committee with nine Republican co-sponsors. No further action has been taken since its referral. Given the divided nature of Congress and the history of similar bills failing, the likelihood of passage is low.

Visual Description: Picture a flowchart showing the bill’s journey: introduction, referral to committee, and a long pause with no further movement.

Summary Table: Key Points of Controversy

Actionable Takeaways

• OPT remains in place for international students and employers.
• No immediate changes are expected, as the bill is unlikely to pass.
• Stay informed by checking official government sources, such as the USCIS OPT page, for updates.
• Employers and students should continue to follow standard procedures for OPT applications and compliance.

Conclusion

The debate over the Optional Practical Training program, fueled by Paul Gosar’s Fairness for High-Skilled Americans Act, highlights ongoing tensions in U.S. immigration policy. While the bill raises important questions about the balance between supporting domestic workers and attracting international talent, the evidence suggests that OPT plays a vital role in meeting the country’s workforce needs. With strong legal backing, broad support from employers and universities, and little chance of legislative change in the near future, OPT is likely to remain a key part of the U.S. immigration landscape for the foreseeable future.

Learn Today

Optional Practical Training (OPT) → Temporary work authorization for F-1 students to gain job experience related to their studies in the U.S.
F-1 Visa → A nonimmigrant visa allowing foreign students to study full-time at U.S. institutions.
H-1B Visa → Employer-sponsored work visa for specialty occupations, subject to annual caps and lottery.
Regulatory Authority → Federal agencies’ power to implement policies without Congressional legislation.
Payroll Taxes → Taxes employers and employees pay for Social Security and Medicare, partially exempted for OPT participants.

This Article in a Nutshell

The Fairness for High-Skilled Americans Act threatens the OPT work program, essential for international graduates gaining U.S. job experience in STEM fields amid high labor demand.
— By VisaVerge.com