In March 2025, U.S. Representative Paul Gosar introduced the "Fairness for High-Skilled Americans Act", a bill aimed at terminating the Optional Practical Training (OPT) program. OPT currently allows international students, especially those in STEM fields, to work in the U.S. for up to three years post-graduation. If enacted, this legislation could compel students to leave the U.S. immediately after completing their studies unless they secure an H-1B visa—a process fraught with challenges due to the lottery system and limited availability.
While the newly proposed bill to end OPT has sparked concern, it’s important for students—especially those on STEM OPT—to know that this is not the first time the program has been targeted. Over the past 15 years, multiple legal and legislative attempts have been made to dismantle OPT, but none have succeeded. Despite the political noise, OPT continues to stand because of its strong legal foundation, economic significance, and widespread support from academic institutions and employers. Here's a look at the history of these attempts—and why the program has consistently survived.
The Struggle of OPT During the Past 15 Years
Here's a historical overview:
2008: Introduction of the STEM OPT Extension
In April 2008, the Department of Homeland Security (DHS) introduced a 17-month extension for STEM graduates under OPT. This move faced immediate legal challenges. The Immigration Reform Law Institute filed a lawsuit against this extension, arguing it was implemented without proper congressional authorization. However, the lawsuit was dismissed by a New Jersey district court in August 2008.
2014–2016: Legal Challenges and Program Expansion
In 2014, the Washington Alliance of Technology Workers (WashTech) filed a lawsuit challenging the legality of the OPT program, asserting that it adversely affected U.S. workers. In August 2015, a federal court vacated the 2008 STEM OPT extension but allowed the program to continue temporarily to enable DHS to revise its regulations. By May 2016, DHS introduced a new rule, extending the STEM OPT period to 24 months and incorporating additional safeguards, such as employer attestations regarding the non-displacement of U.S. workers.
2019–2023: Continued Legal and Legislative Efforts
Representative Paul Gosar introduced the "Fairness for High-Skilled Americans Act" during the 116th Congress, aiming to terminate the OPT program, citing concerns over its impact on American workers and its circumvention of H-1B visa caps. The Washington Alliance of Technology Workers (WashTech) immediately filed a law against both the standard 12-month OPT rule and the 24-month STEM OPT. In October 2022, the U.S. Court of Appeals for the D.C. Circuit upheld the program's legality. In October 2023, the U.S. Supreme Court declined to hear WashTech's appeal, effectively allowing the lower court's decision in favor of OPT to stand.
Reasons for Previous Failures to Terminate OPT
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Legal Validations: Courts have consistently upheld the legality of the OPT program, recognizing DHS's authority to implement such training programs.
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Economic Considerations: The program is seen as vital for attracting international talent, benefiting the U.S. economy, and maintaining the country's competitive edge in STEM fields.
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Educational Impact: OPT enhances the appeal of U.S. educational institutions to international students, contributing significantly to the academic community and economy.
OPT Under Threat Again: What Are the Chances This Time?
Given the historical context, while the reintroduction of the bill in 2025 reflects ongoing opposition to OPT, previous attempts have not succeeded due to legal rulings and the program's perceived benefits. Unless there is a significant shift in legislative dynamics or public opinion, it is plausible that this latest attempt may face similar challenges and outcomes as before.
That said, the Indian student community has expressed significant concern over the proposed bill - especially in light of the recent wave of F-1 visa revocations. There are over 331,000 Indian students enrolled for the 2023-2024 academic year. Approximately 97,556 of these students participated in OPT, who will potentially be affacted by the change of policies. According to Inside Higher Ed, many of these visa cancellations and SEVIS terminations occurred without notifying the designated school officials (DSOs), leaving institutions in the dark. These unprecedented actions have left the higher education community scrambling to understand the implications and determine how best to support their international students in what many are calling Trump's "strange new world".
Although historical data showed that the possibility for OPT to be terminated is very low, many are seeking clarity on their future in the U.S. and exploring alternative plans. Educational consultants and student organizations are urging students to stay informed and proactive in exploring all available options.
Navigating the Uncertainty: Solutions and Alternatives
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Stay Informed: Regularly check updates from reliable sources like USCIS and consult with your university's international student office. Join an online community to share experiences and information with people in your situation.
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Explore Alternative Visa Options:
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H-1B Visa: Begin the application process early and consult with potential employers about sponsorship.
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O-1 Visa: For individuals with extraordinary abilities in their field.
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L-1 Visa: For intra-company transfers if you work for a multinational company.
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Consider Further Education: Pursuing advanced degrees may provide additional time in the U.S. and opportunities for work authorization.
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Alternative Countries: Countries like Canada, Australia, and the UK offer favorable post-study work opportunities for international students.
While the proposed legislation introduces uncertainty, it's important to remember that it is not yet law. Staying informed, exploring alternatives, and seeking guidance can help one navigate these challenging times.