OPT Program Faces Growing Calls for Elimination by US Lawmakers

The Optional Practical Training (OPT) program has been a strong reason many international students choose to study in the United States. It allows foreign graduates on F-1 student visas to gain work experience in American companies after completing their academic programs. For years, this policy has provided global talent to U.S. businesses, especially in science and technology. However, the OPT program is now facing unprecedented political pressure and may soon be eliminated.

Rising Voices Against the OPT Program

The political climate around immigration has grown increasingly strict. The Trump campaign and Republican lawmakers have made limiting foreign labor a central priority. While the H-1B visa program already receives heavy criticism, the OPT program is now under equal fire.

Lawmakers and advocacy groups argue that these programs create unfair competition for American workers. They accuse U.S. companies of misusing foreign student work permits to avoid paying higher wages to domestic employees. The growing calls for change are fueled by claims that the OPT program encourages tax avoidance, creates a loophole around visa caps, and undermines new American graduates.

Jessica Vaughan, Director of Policy Studies at the Center for Immigration Studies, has warned that programs such as Optional Practical Training (OPT) and Curricular Practical Training (CPT) contribute to abuse. She highlights issues such as diploma mills, fake institutions, and illegal job placements. Vaughan has urged Congress to review all visa categories and either regulate or eliminate OPT altogether.

Joseph Edlow, a former Director at U.S. Citizenship and Immigration Services (USCIS), also spoke in favor of ending the OPT program, calling it unnecessary and damaging to American workers.

Legislation Targeting the OPT Program

The strongest attack so far comes through legislation. In early 2025, lawmakers introduced the Fairness for High-Skilled Americans Act, which seeks to abolish the OPT program unless Congress expressly authorizes it.

Representative Paul A. Gosar, who sponsored the bill, accused OPT of undercutting American workers. He argued that OPT was never approved by Congress and exists only as an administrative policy. According to Gosar, OPT allows over 100,000 foreign graduates to work in the U.S. each year, circumventing the H-1B visa cap.

“OPT incentivizes greedy businesses to fire Americans and replace them with cheaper foreign workers,” Gosar said. “The government should not subsidize foreign labor while young Americans with STEM degrees are left behind.”

These arguments are gaining traction among voters and policymakers, especially as economic pressure drives debates about wages and job security.

Taxing OPT Students: A Major Policy Shift

Another criticism of the OPT program involves tax exemptions. Currently, OPT participants do not pay FICA taxes (the payroll taxes that fund Social Security and Medicare). This exemption makes OPT workers 10–15% cheaper for U.S. companies compared to American workers.

Report estimates that this costs the trust funds around $4 billion annually. Lawmakers are now proposing reforms to close this gap.

The Dignity Act would require international students under the OPT program to pay FICA taxes, aligning their obligations with those of U.S. citizens and permanent residents. If passed, this measure would remove a major financial incentive for companies to hire OPT workers over Americans.

What is the OPT Program?

The OPT program is one of three employment options available to F-1 visa students:

  1. Curricular Practical Training (CPT): Work authorization directly linked to a student’s academic curriculum.

  2. Optional Practical Training (OPT): Up to 12 months of employment authorization, available before or after completing a degree.

  3. STEM OPT Extension: A 24-month extension for graduates in science, technology, engineering, or mathematics fields.

According to U.S. Immigration and Customs Enforcement (ICE), eligibility depends on maintaining valid F-1 status and completing at least one academic year. More details are available on the official U.S. Department of Homeland Security website.

The popularity of OPT has grown sharply over the past decade, particularly in the tech sector. It provides a bridge between academic study and long-term employment opportunities, often leading to H-1B sponsorship.

OPT Students in the U.S.

The scope of the OPT program shows its significance. By 2024:

  • 194,554 students were granted work authorization through OPT.

  • 95,384 students received work authorization through STEM OPT.

  • 130,586 students were authorized under CPT.

This means over 540,000 foreign students were working in the U.S. under training programs in 2024 alone.

Large corporations rely heavily on OPT talent. Amazon was the leading employer of international students, hiring 5,379 graduates under pre- and post-completion OPT. Other major tech companies, consulting firms, and research institutions also benefit from OPT workers.

Why the OPT Program is Under Pressure

The pressure against the Optional Practical Training program comes from three main concerns:

  1. Job competition: Lawmakers argue OPT displaces recent U.S. graduates.

  2. Tax incentives: OPT exemptions lower labor costs for employers.

  3. Lack of Congressional approval: Critics note that OPT was created by regulation, not legislation.

These points have fueled bipartisan debates about whether OPT should be restructured or abolished. For many policymakers, the program now represents both an economic and political flashpoint.

Implications for International Students

For foreign students, the elimination or restriction of the OPT program would mark a major shift in U.S. education policy. Many choose American universities precisely because OPT provides a pathway to gain work experience after graduation. Without OPT, the return on investment for expensive U.S. degrees may decline, leading to reduced international enrollment.

Universities, which rely on tuition from international students, warn that cutting OPT would harm both higher education and the U.S. economy. Reports from the National Foundation for American Policy show that international students contribute billions annually in tuition and local spending. Removing OPT could make U.S. schools less competitive compared to universities in Canada, the UK, or Australia, which all offer post-study work opportunities.

Future of the OPT Program

The future of the Optional Practical Training program remains uncertain. Bills like the Fairness for High-Skilled Americans Act show serious intent to phase out OPT. At the same time, strong lobbying from universities and tech companies may delay or soften reforms.

One possible outcome is that Congress will introduce stricter regulations rather than full elimination. This could involve taxing OPT students, capping the number of approvals, or imposing additional oversight on employers.

Regardless, the OPT program is now at the center of America’s immigration and labor policy debate.

Need Help?

The U.S. immigration system is changing quickly, and policies like the OPT program face constant political scrutiny. For international students and employers, navigating these changes requires experienced legal guidance.

Maple Crest Immigration Law helps students, families, and businesses make informed decisions in a shifting immigration environment. From F-1 visa guidance to OPT and H-1B transition strategies, our team provides clear legal support.

Contact Maple Crest Immigration Law today to protect your future and explore the best options under current U.S. immigration law.

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