New Immigration Rule Targets OPT, Could Face End or Restriction

The Trump administration can impose immigration regulations that may abolish or severely limit Optional Practical Training (OPT) of international students.

The regulation, which is also on the federal regulatory agenda, can be issued later this year or early in 2026. Assuming its enactment, it would overturn the stance of Donald Trump in 2024, who indicated that he wished all international students who graduated from any U.S. university to be capable of remaining and working in the nation.

What OPT and STEM OPT Allow

OPT provides foreign students with F-1 visas the privilege to work up to 12 months in their area of study either during or after their course of study.

Science, technology, engineering, or math (STEM) degree graduates are eligible to request a 24-month extension called STEM OPT. The program is commonly a stepping stone for students who may later be eligible to take H-1B skilled worker visas.

Critics are arguing that terminating the OPT and STEM OPT would make the United States a less attractive destination for the best students and undermine its innovation pipeline.

By the Numbers

The Institute of International Education showed that over 240,000 international students were employed in the U.S. in 2023-24 under either the OPT or STEM OPT.

According to DHS statistics, almost 195,000 students with active work authorization under OPT were active that year, and approximately 165,000 students were enrolled in STEM OPT.

What the Proposed Rule Says

According to the Department of Homeland Security (DHS), the new regulation would bring the practical training in line with the program objectives.

It also quotes the necessity to fight fraud and enhance national security screening.

The ordinance will be formally issued by Immigration and Customs Enforcement (ICE), but policy insiders widely credit the effort to White House adviser Stephen Miller, known for his long-standing opposition to foreign student employment programs.

Ending OPT Altogether

Other former immigration officials anticipate that the administration will attempt to repeal OPT.

Former policy analyst at the U.S. Citizenship and Immigration Services (USCIS), Efren Hernandez, indicated that it is likely that the administration will find a way to eliminate it. By eliminating OPT as a current regulation, universities and business organizations would be in a position to file lawsuits, yet such an action is not impossible due to the fact that the program is under regulatory, rather than statutory, authority.

If OPT is abolished, it would leave Curricular Practical Training (CPT) as the only option left open to students to gain hands-on experience. In the case of the majority of international students, removal of post-graduation work opportunities would terminate their chances of remaining and acquiring professional experience in the U.S.

Court and Policy Background

The Court of Appeals of the D.C. Circuit confirmed in 2022 that the Department of Homeland Security (DHS) has the legal authority to allow the OPT and STEM OPT programs. This means the programs are legally sound and within the agency's right to manage.

However, the main administration officials, such as Stephen Miller, have been trying to reverse such programs over the years. Miller assisted in drafting a bill that would have compelled international graduates to relocate out of the country in a few years before they could qualify to receive H-1B visas.

In the event of OPT Surviving, New Restrictions to expect.

Even if the government doesn't eliminate the OPT program, it might make it much harder for students to use.

One of the proposals would mandate employers to contribute Social Security taxes on behalf of the participants of the OPT- an idea proposed in the Dignity Act by Representative Maria Elvira Salazar (R-FL). The problem is politically charged, though it is unlikely to be implemented by regulation.

The other strategy may be to introduce compliance layers, e.g., new wage policies, legal certifications, or on-site checks of employers.

The STEM extension, in contrast to the OPT, already has a formal training plan, market-rate compensation, and E-Verify. The introduction of additional red tape would make employers unwilling to hire foreign graduates at all.

Analysts worry that changing how long student visas are valid will cause problems. Right now, the visa lasts for the "duration of status" (as long as they are a student). If the government changes this to a fixed time limit (like two years), it will be harder for students to switch smoothly into the OPT work program after they graduate.

The new rules might not directly ban OPT, but they could cause longer waiting times for approval and a higher number of denials overall.

 

 

 

Economic Consequences

Limiting or eliminating OPT would damage innovation and competitiveness in the U.S.

According to a study conducted by George Mason University, Michael Clemens, foreign graduates contribute greatly to the amount of innovation in the country. He said, policies that will make them stay are in the national interest. Termination of OPT would do the opposite.

According to a study by the National Academies of Sciences, Engineering, and Medicine, the termination of the program can impact productivity and economic growth, costing the economy up to the GDP of a whole mid-sized state.

 

 

The Bigger Picture

 

To universities, OPT is not merely a job program; but it is a significant recruiting tool. In its absence, there would be a huge number of international students who would not want to study in the United States. Most of the rival nations, such as Canada and the UK, permit graduates to remain and work in their home countries. Eliminating that option would make the U.S. unattractive to foreign talent.

The proposed rule, if enacted, would be one of the biggest setbacks in U.S. education and immigration policy. It would also go against the previous assertion of Trump that all international graduates must be given a chance to remain and work in America.

The next few months are crucial in deciding the future of OPT—either the government will end it or just add new, stricter rules to it. Whatever decision is made, the situation will change the way international students see the U.S. They may prefer other destinations where they can fulfil their long-term future plan.