OPT Program for International Students in U.S. Faces Possible Termination

New legislation and increased ICE enforcement threaten the OPT Program, crucial for international students’ work rights after graduation. Students must meet strict reporting rules to avoid deportation. Universities and employers are preparing for potential program termination or tightening, amid legal and political uncertainty over OPT’s future.

Key Takeaways

• The Fairness for High-Skilled Americans Act of 2025 proposes ending the OPT Program unless Congress approves it.
• ICE sends warning letters to over 69,000 OPT students for employment reporting violations and unemployment limits.
• Joseph Edlow, USCIS nominee, supports ending OPT, citing legal basis concerns and aims for stricter enforcement.

The Optional Practical Training (OPT) Program, a key benefit for international students in the United States 🇺🇸, is now facing its most serious threat in decades. Recent moves by lawmakers, government officials, and immigration enforcement agencies have put the future of OPT in doubt. This update explains what has changed, who is affected, the timeline for possible changes, what actions students and universities need to take, and what these developments mean for pending and future OPT applications.

Summary of What Changed

OPT Program for International Students in U.S. Faces Possible Termination
OPT Program for International Students in U.S. Faces Possible Termination

The biggest change is the real possibility that the OPT Program could be ended or severely restricted in the near future. This threat comes from several directions:

  • New legislation: The “Fairness for High-Skilled Americans Act of 2025” was introduced in Congress. If passed, it would abolish OPT and similar programs unless Congress specifically approves them.
  • Policy pressure: Some lawmakers and policy experts, like Jessica Vaughan from the Center for Immigration Studies, have called for the elimination or strict control of OPT, citing fraud and lack of oversight.
  • Administrative stance: Joseph Edlow, nominated by President Trump to lead U.S. Citizenship and Immigration Services (USCIS), has publicly stated he would end OPT if confirmed.
  • Increased enforcement: Immigration and Customs Enforcement (ICE) has started sending warning letters to thousands of OPT students, especially those who have not reported employment or have exceeded unemployment limits. These letters threaten termination of student records and possible deportation.

These changes do not mean OPT has ended yet, but they signal a strong push toward ending or tightening the program.

Who Is Affected

The current and proposed changes affect several groups:

  • F-1 international students using or planning to use OPT after graduation.
  • Students in STEM fields who rely on the 24-month STEM OPT extension for up to 36 months of work authorization.
  • Universities and colleges that recruit international students and depend on their tuition and contributions.
  • U.S. employers who hire OPT students for their skills and training.
  • Students from India 🇮🇳 and other countries with large numbers of OPT participants, who are already seeing declines in enrollment due to uncertainty.

Effective Dates and Timeline

No official end date for OPT has been set. However, several important dates and events shape the current situation:

  • May 2025: ICE began sending warning letters to OPT students about employment reporting and unemployment limits.
  • June 25, 2025: Jessica Vaughan testified before Congress, urging lawmakers to end or tightly control OPT.
  • July 2025: The “Fairness for High-Skilled Americans Act of 2025” was introduced in Congress.
  • Ongoing: The rule-making process to end OPT would take months or even years, involving public comments, economic reviews, and likely court challenges.

For now, OPT remains in place, but students and universities should prepare for possible changes.

Required Actions for Students and Universities

If you are an international student on OPT or planning to apply, it is more important than ever to follow all rules and stay informed. Here are the most important steps:

For Current OPT Students:

  • Report your employment: You must update your employer information in the SEVP Portal or through your Designated School Official (DSO) within 10 days of any change. Failure to do so can lead to SEVIS record termination.
  • Watch your unemployment days: You cannot be unemployed for more than 90 days during your 12-month OPT period. For STEM OPT, the limit is 150 days over the total period. Exceeding these limits can result in loss of status and possible deportation.
  • Respond to ICE notices: If you receive a warning letter from ICE, act immediately. Update your employment information and contact your DSO for help.
  • Stay in touch with your DSO: Your DSO is your main point of contact for OPT questions and compliance.
  • Keep records: Save all job offer letters, pay stubs, and communication with employers. You may need to prove your employment if questioned by ICE or USCIS.

For Students Applying for OPT:

  • Apply early: Submit your OPT application as soon as you are eligible. Processing times may increase if the program faces more scrutiny.
  • Understand the risks: Be aware that the program could change while your application is pending. Stay updated on policy news.
  • Check eligibility: Make sure your job is directly related to your field of study, as required by OPT rules.

For Universities:

  • Advise students: Provide up-to-date guidance on OPT rules and reporting requirements.
  • Monitor compliance: Help students keep their records current to avoid SEVIS termination.
  • Advocate: Many universities are working with groups like NAFSA to push back against efforts to end OPT.

For Employers:

  • Verify work authorization: Make sure all OPT hires have valid Employment Authorization Documents (EADs).
  • Support reporting: Help students meet reporting requirements by providing timely job offer letters and employment verification.

Implications for Pending and Future OPT Applications

If you have already applied for OPT or are planning to apply soon, here’s what you need to know:

  • Applications are still being processed: As of now, USCIS continues to accept and process OPT applications. You can find the official application form and instructions on the USCIS OPT for F-1 Students page.
  • No retroactive changes: If the program is ended, it is likely that students already approved for OPT will be allowed to finish their current period, but this is not guaranteed.
  • Possible delays: Increased scrutiny could slow down processing times or lead to more requests for evidence.
  • STEM OPT extension: Students in science, technology, engineering, and math fields can still apply for the 24-month extension, but should be prepared for possible changes.

Why the OPT Program Matters

The Optional Practical Training program is not just a benefit for students—it is a major part of the U.S. higher education system and workforce. Here’s why:

  • Attracts top talent: According to studies, 77% of international students choose U.S. universities to gain work experience through OPT. Many believe that U.S. employers benefit from their skills and training.
  • Supports universities: 84% of U.S. universities say that losing OPT would drive students to other countries, hurting their finances and campus diversity.
  • Helps employers: Many companies rely on OPT students to fill important roles, especially in STEM fields.
  • Pathway to other visas: About one-third of OPT students later move to other work visas, like the H-1B, helping the U.S. keep skilled workers.
  • Economic impact: International students contribute billions of dollars to the U.S. economy each year.

Concerns and Criticisms

Despite its benefits, the OPT Program has faced criticism:

  • Fraud and misuse: Some lawmakers and policy experts say the program is abused by “diploma mills” (fake schools) and sham employers. They argue that there is not enough federal oversight or labor protection for the estimated 540,000 students on OPT and CPT.
  • Legal questions: Critics say OPT was created by regulation, not by Congress, and should be subject to more control.
  • Labor market worries: Some believe OPT may take jobs from U.S. workers, though many studies show the opposite.

Recent Enforcement Actions

ICE has increased its focus on OPT compliance:

  • Warning letters: Over 69,000 Indian students and many others have received notices warning them to update their employment information or face SEVIS termination and possible deportation.
  • Strict monitoring: SEVP is closely tracking unemployment days and employer reporting. Students who do not comply within 15 days risk losing their status.
  • Reversals and confusion: In some cases, ICE has reversed SEVIS terminations, but enforcement remains strict and students are anxious about their status.

Challenges in Ending the OPT Program

Ending OPT is not simple. It would require:

  • A long rule-making process: This includes drafting new rules, economic and legal reviews, public comments, and likely court challenges. Past attempts to change STEM OPT rules have ended up in court.
  • Strong opposition: Universities, employers, and advocacy groups like NAFSA are fighting to keep OPT, warning that ending it would hurt U.S. innovation and the economy.
  • Political division: Some officials and lawmakers want to end OPT, while others see it as vital for keeping the U.S. competitive.

Impact on International Students, Especially from India 🇮🇳

The uncertainty around OPT is already having an effect:

  • Falling enrollment: Indian student enrollment in the U.S. dropped by 28% year-over-year through March 2025, mainly due to visa worries and the threat to OPT.
  • Alternative destinations: Many students are now looking at other countries, like Canada 🇨🇦, the United Kingdom 🇬🇧, and Australia 🇦🇺, which offer clearer post-study work options.

Stakeholder Perspectives

  • Jessica Vaughan (Center for Immigration Studies): Wants OPT eliminated or tightly controlled because of fraud concerns.
  • Joseph Edlow (USCIS nominee): Supports ending OPT, saying it lacks a strong legal basis.
  • NAFSA (Association of International Educators): Strongly opposes ending OPT, warning of harm to U.S. innovation and the economy.
  • Universities: Worry about losing students and revenue if OPT ends.
  • ICE: Focused on strict enforcement and compliance.

What’s Next?

The future of the OPT Program depends on several factors:

  • Legislation: The fate of the “Fairness for High-Skilled Americans Act of 2025” will be key.
  • USCIS leadership: If Joseph Edlow is confirmed and follows through on his statements, administrative action could move quickly.
  • Court challenges: Any move to end OPT will likely face lawsuits from universities and advocacy groups.
  • Student compliance: ICE and SEVP will continue strict enforcement, so students must stay compliant.

Official Resources

  • For the latest rules and forms, visit the USCIS OPT for F-1 Students page.
  • Students should use the SEVP Portal or contact their DSO to update employment information.
  • For advocacy and updates, check with NAFSA.
  • If you receive a warning or termination notice, contact your DSO and consider seeking legal advice.

Actionable Takeaways

  • Stay informed: Follow updates from your university, USCIS, and trusted immigration news sources. As reported by VisaVerge.com, changes to the OPT Program could happen quickly, so timely information is critical.
  • Be proactive: Don’t wait for a problem to arise. Keep your records up to date and respond to any official notices right away.
  • Seek help: If you are unsure about your status or receive a warning, talk to your DSO or a qualified immigration attorney.
  • Plan ahead: If you are considering OPT, apply as early as possible and have backup plans in case of policy changes.

The Optional Practical Training program remains a vital part of the U.S. system for international students, but its future is uncertain. By staying compliant and informed, students can protect their status and make the most of the opportunities available—while preparing for possible changes ahead.

Learn Today

OPT → Optional Practical Training, a work authorization program for F-1 international students after graduation.
SEVIS → Student and Exchange Visitor Information System, a federal database tracking international students’ immigration status.
EAD → Employment Authorization Document, a card allowing foreign nationals to work legally in the U.S.
STEM OPT → A 24-month OPT extension for students in science, technology, engineering, and mathematics fields.
ICE → Immigration and Customs Enforcement, the U.S. agency enforcing immigration laws and regulations.

This Article in a Nutshell

The OPT Program faces critical threats from new legislation and increased ICE enforcement, putting international students’ work options in jeopardy. Compliance and timely reporting are essential as universities, employers, and students prepare for uncertain changes amid political and administrative pressures on OPT’s future.
— By VisaVerge.com

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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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