OPT Under Fire: Lawmakers Move to Eliminate Post-Study Work

(UNITED STATES) The Optional Practical Training program that lets international graduates on F-1 visas work in the United States 🇺🇸 is under the sharpest pressure in years, with new bills, executive branch statements, and tighter oversight putting the future of post‑study work on the line.

As of September 19, 2025, no formal rule has ended the OPT program or the 24‑month STEM OPT extension, but the tone in Washington suggests faster moves are possible. Lawmakers pushing for cuts argue that OPT underprices U.S. workers and has invited abuse, while universities and employers warn that sweeping changes would hurt the American economy and global talent flows.

Legislative and Executive Pressure

Legislative energy has coalesced around the “Fairness for High‑Skilled Americans Act of 2025,” a House bill backed by Rep. Paul Gosar that seeks to terminate OPT and any successor programs unless Congress explicitly authorizes them. Supporters say OPT rests on regulations rather than statute and claim it gives companies a reason to choose lower‑cost foreign graduates over U.S. workers.

• Some lawmakers want to remove payroll tax breaks that currently make many OPT hires exempt from FICA contributions. Critics say this lowers employer costs by roughly 10% to 15% compared to hiring recent domestic graduates.
• Senior executive branch officials have signaled plans to curb or end post‑completion work for F‑1 students. USCIS Director Joseph B. Edlow said during his May 2025 nomination hearing that he intends to stop post‑completion OPT, citing legal and policy concerns.
• The Trump administration has repeatedly pledged to “terminate” or overhaul OPT, though no final rule or executive order has been issued to date.

That gap between rhetoric and action has left students and employers in limbo—still able to apply, but unsure how long today’s rules will last.

Participation and Economic Stakes

Participation figures underline the scope of the program:

• 2024 totals
  • 194,554 students received OPT work authorization
  • 95,384 received STEM OPT extensions
  • 130,586 used Curricular Practical Training (CPT) during their studies

Major employers rely on this pipeline. Amazon led pre‑ and post‑completion OPT hiring with more than 5,000 hires in 2024.

• Business groups call OPT the largest bridge from U.S. classrooms to high‑skilled jobs.
• About one‑third of OPT participants later move to H‑1B status, according to industry observers.
• International students contributed an estimated $43.8 billion to the U.S. economy in 2024, supporting more than 378,000 jobs, per higher education groups.

University leaders say the availability of OPT strongly shapes decisions by international students on where to study and build careers.

Arguments For and Against Restrictions

Supporters of restrictions cite program integrity issues and legal concerns:

• The FICA exemption may encourage firms to prefer OPT workers over U.S. graduates.
• Reports of participants placed in fake or low‑quality training “jobs” and diploma mills exploiting weak oversight.
• Some argue Congress never directly created OPT in statute; therefore it should not function as a work permit for hundreds of thousands of graduates annually.

Opponents — including education groups, large employers, and many economists — counter:

• There is no clear evidence that OPT harms U.S. worker wages or employment.
• OPT is essential for filling tech roles, advancing research, and keeping the U.S. competitive in STEM fields.
• VisaVerge.com reports industry associations and university coalitions have stepped up lobbying to preserve OPT and STEM OPT, warning of sharp drops in enrollment and research capacity if curtailed.

Current Oversight and Compliance Changes

Oversight has already tightened even without policy changes:

• Schools report more compliance checks.
• Students on OPT have received warnings to update employer details or risk removal proceedings.
• Advisors emphasize reporting job changes within 10 days and keeping employment directly related to the student’s degree.

The heightened enforcement—without a formal policy change—signals that agencies are watching OPT more closely while Congress debates longer‑term action.

How OPT, STEM OPT, and CPT Work Now

OPT is fundamentally a work authorization linked to study. Key features:

• Post‑completion OPT: up to 12 months of employment in the student’s field after finishing the program.
• Pre‑completion OPT: a separate option available while studying.
• STEM OPT extension: adds 24 months for eligible STEM graduates, with extra conditions:
  • Employer must use E‑Verify
  • The job must be paid
  • The student and employer must follow a structured training plan
• CPT: allows work tied to a degree program and must be authorized by the school before a student works.

What Could Change First

Observers see taxation and verification rules as likely early targets:

• Proposals to require FICA payments for OPT participants could remove a hiring cost advantage and advance sooner than program termination.
• Mandates for more stringent employer vetting are also possible without ending OPT outright.

If Congress passes a termination bill, the shift could be abrupt. University leaders say they are preparing contingency plans should cohorts lose access to post‑completion work within a year.

Practical Effects on Students and Employers

If Congress ends or narrows OPT, near‑term impacts would likely include:

• Loss of the 12‑month post‑completion window for most F‑1 visas, reducing early‑career U.S. work options.
• Loss of the 24‑month STEM OPT extension that helps bridge to H‑1B or permanent roles.
• Higher labor costs for firms if FICA applies, potentially pushing employers to reduce entry‑level hiring or move roles offshore.
• Enrollment effects at universities that depend on international tuition and research work, with fewer applicants attracted by U.S. job prospects.

Employers relying on OPT are modeling alternatives:

1. Offer earlier internships tied to CPT
2. Invest in domestic training for recent U.S. graduates
3. Use cap‑exempt H‑1B roles at research affiliates
4. Expand operations abroad

Universities are training advisors to prepare students for rapid policy turns, reminding them that status violations from late reporting or unrelated jobs can be costly even under today’s rules.

Legal and Political Dynamics

Advocacy groups are preparing for legal action if executive agencies attempt to end post‑completion work by regulation rather than through Congress.

• Courts have previously upheld the Department of Homeland Security’s authority to run training programs tied to education, though critics argue the current scale of OPT pushes beyond that premise.
• Any sharp policy turn would likely face immediate lawsuits and requests for injunctions, adding another layer of uncertainty for graduating classes.

The politics are straightforward:

• Lawmakers seeking to protect U.S. workers view payroll tax breaks and employer savings as unfair incentives to end.
• Backers of OPT argue international graduates fill gaps, expand teams, and drive new products that support more hiring overall.

Both arguments will shape hearings in the coming months. Until votes are scheduled, the most concrete change is the stepped‑up enforcement that schools and students are already seeing.

Practical Guidance for Students and HR Teams

For now, the rules remain in place. Students eligible for post‑completion work must still apply to USCIS with Form I‑765, Application for Employment Authorization to request employment authorization. The standard filing window continues to apply. Advisors stress these steps:

• File Form I-765 on time: Up to 90 days before, and no later than 60 days after, completing your program.
• Keep your job directly related to your degree field and maintain full‑time hours after graduation.
• Report any change in employer, address, or status within 10 days through your school’s SEVIS reporting process.
• For STEM OPT, ensure the employer is in E‑Verify and complete the training plan before work starts.

Students and employers can find the official form here: Form I‑765, Application for Employment Authorization. Filing guidance remains unchanged; however, schools advise monitoring agency notices closely in case processing rules or evidence requests shift as oversight increases.

Important: While no final decision has been made, the debate has moved from the edges to the center of U.S. immigration policy. Prepare backup plans and meet every deadline—changes could happen quickly.

Bottom Line

For now, the United States remains open to graduates under existing rules. But the window could narrow. Those counting on OPT and STEM OPT should prepare for both outcomes:

• A status quo that holds through another hiring cycle, or
• A sudden change that demands new plans overnight.