A new Bill introduced in the United States Congress aims to end the Optional Practical Training (OPT) programme, a vital work authorisation initiative for international students. The move could force overseas students to return to their country right after graduation.
The OPT programme is an essential component for students studying in the US, particularly those pursuing STEM (science, technology, engineering, and mathematics) subjects. It allows overseas students to work in the country for up to three years following graduation.
The introduction of the Bill has sent shockwaves throughout the Indian student community, with more than 300,000 students potentially affected. According to reports, 331,602 Indian students were studying in the US in the 2023-2024 academic year. As per the Open Doors 2024 report, Indian students benefit the most from the OPT programme, with 97,556 participants in 2023-2024, a 41% increase over the previous academic year.
Speaking with Logical Indian, expert Poorvi Chothani of LawQuest said if the Bill is passed, Indian students may be forced to leave the US immediately without transitioning to another work visa.
Representative Paul Gosar from Arizona introduced the “Fairness for High-Skilled Americans Act” on March 25, which proposed to eliminate the OPT programme. “No alien present in the United States as a non-immigrant may be provided employment authorisation in the US pursuant to the OPT program,” the Bill said.
The measure reflects the ‘Buy American, Hire American’ policy advocated by President Donald Trump in his first term.
According to the Bill, employers prefer international graduates over locals since the OPT programme structure saves them money. It is estimated that US firms save approximately 8% on OPT recruits since they are not obligated to pay the Federal Insurance Contributions Act or Medicare taxes under the system.
A non-US national would be eligible to engage in the scheme for four months, with no extensions permitted, as per the Bill tabled. It also prohibits certain persons from participating in the initiative, including those with a degree or working in a sensitive field, as well as those employed by or otherwise linked with a Communist Party of China-owned or controlled entity.
At present, there are two types of OPT programmes for students on an F-1 visa: Pre-completion and post-completion. Pre-completion OPT allows students to hold a job during their studies, while post-completion OPT allows part-time or full-time work after graduation.
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