Navigating the Shifting Sands: Proposed Changes to U.S. Student Visa Employment Rules

The landscape of international student employment in the United States is facing a significant potential transformation, with the Department of Homeland Security (DHS) proposing a substantial overhaul of the Optional Practical Training (OPT) program. This initiative, if finalized, would replace the current system of open-ended stays with fixed end dates for students and introduce new, more stringent requirements for practical training programs. These proposed changes signal a move towards increased oversight and potential limitations on the employment opportunities available to foreign students and recent graduates in the U.S.

Understanding the Proposed Overhaul: Key Changes and Their Implications

At the heart of the proposed rule, published in the Federal Register on August 28, 2025, is a fundamental shift from the concept of "duration of status" to fixed end dates for most students and exchange visitors. Under this draft regulation, individuals would be admitted until their program end date, with a maximum duration of four years, and a subsequent 30-day grace period to depart the country or transition to another status. This proposed framework echoes a similar effort from 2020 that was ultimately withdrawn, and as of November 12, 2025, it remains a proposal subject to revision, not yet in effect.

A particularly impactful aspect of the proposal concerns students seeking to engage in practical training. The new rules would necessitate additional steps, including an approved extension of stay and employment authorization before commencing work for post-completion OPT. Crucially, if a student files their application during the 30-day grace period after completing their program, they would be unable to start or continue their practical training until U.S. Citizenship and Immigration Services (USCIS) approves the request. This contrasts with the current system where OPT approval is generally tied to the school's recommendation, rather than requiring prior USCIS approval linked to a fixed admission period. The introduction of these added adjudication steps would undoubtedly inject new timelines, fees, and processing risks into the transition from academic study to practical employment.

Universities and educational institutions have voiced significant concerns, warning that the proposed approach could complicate established pathways for students. This includes multi-year Ph.D. programs and the increasingly vital 24-month STEM OPT extension for science, technology, engineering, and mathematics graduates. The fear is that these added complexities and potential delays could deter talented international students from considering the United States as a study destination. DHS has been accepting public comments on the proposal through late September, and a final decision on whether to revise and finalize the regulation will be made thereafter. If a final rule is issued, it would take effect after publication and could still face further legal and operational challenges.

The Foundation of OPT: A Bridge to Professional Careers

Optional Practical Training (OPT) is a critical program designed to provide temporary employment opportunities for foreign students and recent graduates who are in the United States on F-1 (academic) or M-1 (vocational) nonimmigrant statuses. Established through federal regulations, the employment undertaken through OPT must be directly related to the student's major area of study. This program serves as a vital bridge, allowing students to apply their academic knowledge in practical settings and gain valuable professional experience before potentially transitioning to other immigration statuses.

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In calendar year 2024, the United States hosted approximately 1.58 million F-1 and M-1 students and recent graduates. Of this substantial population, a significant portion, twenty-six percent (418,781 individuals), were authorized to work through the OPT program. The participation in OPT has seen a notable increase in recent years, sparking considerable debate regarding the program's merits, its economic impact, and its legal underpinnings.

F-1 visas are issued for full-time academic study and represent the most common visa category for international nationals pursuing education in the U.S. M-1 visas, on the other hand, are designated for individuals undertaking vocational study. Both F-1 and M-1 students are permitted to remain in the United States for the duration of their educational programs. Upon successful completion of their studies, the majority of these students typically return to their home countries.

A Historical Perspective: The Evolution of OPT

The concept of foreign students engaging in practical training in the U.S. dates back to 1947, when regulations first permitted employment for practical training that was either required or recommended by the student's educational institution and approved by immigration officials. Current regulations stipulate that F-1 students become eligible for OPT after completing their first academic year. M-1 students, conversely, are eligible for OPT after they have successfully completed their entire program of study.

There is no numerical limitation on the number of F-1 or M-1 nonimmigrants who can participate in OPT. The overwhelming majority, typically 98%-99%, of OPT participants are F-1 students. Generally, an F-1 nonimmigrant is permitted to work for up to 12 months in OPT. This period can be utilized either before graduation (pre-completion OPT) or after graduation (post-completion OPT), or a combination of both.

A significant expansion of the OPT program occurred in 2008 under the George W. Bush Administration, which extended the maximum OPT period from 12 months to 29 months for F-1 students who had completed a degree in science, technology, engineering, or mathematics (STEM). This was followed by a further extension in 2016 under the Obama Administration, which increased the maximum OPT period to 36 months for individuals with STEM degrees. These extensions were often justified by the need to enhance economic and technological competitiveness, making the United States a more attractive destination for students and skilled workers. DHS maintains a specific list of degrees that qualify for the STEM OPT extension. M-1 students are eligible for a maximum of six months of OPT after completing their program. F-1 nonimmigrants can participate in OPT once per degree level (e.g., bachelor's, master's, or doctorate), but they are limited to a maximum of two STEM OPT extensions throughout their academic careers.

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STEM OPT: A Catalyst for Talent Retention

The STEM OPT extension has been particularly impactful, requiring employers to utilize the E-Verify electronic employment eligibility verification system. Furthermore, these employers are mandated to submit a formal training plan that clearly outlines learning objectives and the strategies for achieving them. For international students aspiring to extend their stay and work in the United States post-graduation, obtaining OPT authorization has historically been a more streamlined and accessible process compared to navigating the complexities of changing to temporary or permanent employment-based immigration statuses, such as the H-1B visa or lawful permanent resident (LPR) status, which are subject to numerical limitations and often oversubscribed. In this regard, OPT often functions as a crucial bridge, facilitating the transition for F-1 visa holders to other immigration statuses, both temporary and permanent. For instance, the extended period offered by STEM OPT provides F-1 nonimmigrants with multiple opportunities to participate in the highly competitive annual H-1B lottery.

The Growing Significance and Scrutiny of OPT

The participation in the OPT program has experienced substantial growth, more than doubling since 2007, which is the earliest year for which comparable data is available from DHS. The implementation of the STEM OPT extension in 2008 and its subsequent expansion in 2016 have undoubtedly enabled more students to remain in the U.S. for extended periods after graduation. In CY2007, there were 154,522 nonimmigrants authorized for OPT. This figure saw consistent annual increases from 2011 through 2019, experienced a decline during the COVID-19 pandemic, and then rebounded to 418,781 in CY2024.

It is noteworthy that more than two-thirds of the OPT-authorized population are citizens of Asian countries. Between 2020 and 2024, the top countries of origin for OPT participants have included India, China, South Korea, Taiwan, Nepal, Canada, Nigeria, Vietnam, Brazil, and Mexico. India and China alone accounted for 35% and 24% of participants, respectively, while South Korea, the next highest country, represented 3%.

The concentration of nonimmigrants with OPT authorization is particularly pronounced in STEM fields. In 2024, over a quarter (31%) of those authorized for OPT majored in computer science, with an additional 18% in engineering. Business majors constituted 15% of the OPT workforce. Other prominent fields of study included mathematics/statistics, biological/biomedical sciences, social sciences, visual and performing arts, health professions, physical sciences, and communication. Leading companies that employ a significant number of OPT workers include major technology firms such as Amazon, Google, Microsoft, and Meta, as well as large university systems like the University of California and Arizona State University.

Concerns Regarding National Security and Economic Impact

Despite the benefits it offers to students and the U.S. economy, the OPT program has also attracted scrutiny, particularly concerning national security. Concerns have been raised about the potential for individuals from certain countries to gain access to sensitive technology and intellectual property, particularly nationals from China, Iran, Russia, and other nations deemed to be of concern. The argument is that this exposure could facilitate the development of advanced capabilities in these countries.

Conversely, supporters of the OPT program maintain that it is instrumental in attracting international students to the United States, thereby enhancing the nation's competitiveness in a global market. Universities, in particular, have increasingly come to rely on international students for revenue generated from out-of-state tuition payments and for their academic contributions, especially in STEM fields. The program is viewed by many as a vital component of the U.S. economy, particularly in nurturing talent in emerging technologies critical to national security.

Legal Challenges and Legislative Proposals

Some opponents of the OPT program assert that DHS may lack the statutory authority to permit F-1 nonimmigrants to remain and work in the United States after graduation, arguing that F-1 status is statutorily defined as being solely for the pursuit of a course of study at an academic institution. However, this argument was addressed in the case of Washington All. of Tech. Workers v. DHS, 50 F.4th 164 (D.C. Cir. 2022). In this lawsuit, brought by a labor union representing domestic technology workers, the court ruled that OPT represented a valid exercise of DHS's authority under the Immigration and Nationality Act (INA) to establish the terms and conditions of a nonimmigrant's stay in the United States in ways that "reasonably relate" to the visas they used to enter the country. The labor union sought further review by the Supreme Court, but the Court denied their petition in October 2023.

In addition to administrative proposals, some members of Congress have put forth legislative ideas aimed at reforming or even eliminating the OPT program. These proposals have included reducing the duration of time students and graduates are permitted to stay and work in the U.S., and restricting the program's applicability in sensitive technology fields.

Increased Enforcement and Reporting Requirements

Recent actions by the Department of Homeland Security underscore a growing emphasis on compliance and oversight within the OPT program. This includes the potential for site visits to employers of OPT participants, a practice already in place for H-1B and STEM OPT extension contexts. For students, it is crucial to understand that OPT remains a lawful employment authorization granted under existing DHS regulations. For employers, maintaining accurate records, adhering to wage and duty requirements, and preparing for the possibility of DHS site inspections are paramount.

A significant development has been the issuance of warning letters by U.S. Immigration and Customs Enforcement (ICE) to international students on post-graduation OPT. These letters, threatening termination of their Student and Exchange Visitor Information System (SEVIS) records and potential deportation, stem from issues related to employment reporting. The core of the problem lies in the accurate and timely reporting of employment status within SEVIS. OPT regulations stipulate a maximum of 90 days of unemployment during the initial 12-month OPT period, with an additional 60 days available for those undertaking the STEM OPT program.

These ICE letters indicate that a student's SEVIS record may be terminated if there is no employer information listed, signifying either a failure to report the OPT job on time or exceeding the allowed unemployment period. Such a termination can lead to the revocation of OPT status and the initiation of removal proceedings. This represents a notable shift, as SEVIS records were not typically terminated automatically for exceeding the 90-day unemployment limit in the past.

Immigration attorneys emphasize that OPT reporting rules require SEVIS to be updated within ten days of any change, including starting a new job, changing a work site location, or losing employment. A typical warning letter, seen by media outlets, states, "Because there is no employer information in your SEVIS record, you are accumulating unemployment days and may have exceeded the permissible period of unemployment. If you have been employed during your OPT time, you must correct your SEVIS record. Please contact your Designated School Official (DSO) or utilize the SEVIS Portal to update your information. Failure to take corrective action may result in the initiation of immigration proceedings to remove you from the United States." These letters often impose a strict 15-day deadline for students to update their SEVIS records, with non-compliance leading to SEVIS status termination and potential deportation.

Indian students, who constitute a significant portion of the international student population in the U.S., have been particularly affected by these notices. According to the Open Doors Report for the 2022â23 academic year, there were 270,000 Indian students in the country, with 69,000 enrolled in OPT programs. While the wording of these letters is similar to those issued under the Trump-Pence administration in 2020, education and immigration experts suggest an increase in the number of letters being issued this time.

Traditionally, the school's DSO has been responsible for tracking SEVIS compliance. However, since ICE administers the Student and Exchange Visitor Program (SEVP), they have been actively terminating records of individuals accumulating more than 90 days of unemployment during their OPT period. It is crucial for students to have employment, paid or unpaid, directly related to their major and to promptly report their employment or unemployment status to their DSO. While DSOs have sometimes failed to update graduates' employment status in SEVIS in a timely manner, USCIS has, in some instances, reinstated students' status upon correction of the record.

In response to the escalating situation, NAFSA: Association of International Educators has issued a special advisory recommending that DSOs diligently monitor alerts for "Accrued unemployment days." This alert system highlights students who have accumulated unemployment days and displays their employment status as of the date the list was generated.

Navigating OPT: Essential Information for Students

For students considering or currently participating in OPT, understanding the program's nuances is vital. Optional Practical Training offers the opportunity to apply knowledge gained in a degree program to off-campus work directly related to the student's field of study. USCIS oversees the authorization process.

Pre-completion OPT refers to employment authorized before the completion of a student's program of study. Any time used for pre-completion OPT is deducted from the total allowable 12-month period for post-completion OPT. Part-time pre-completion OPT is deducted at half the rate of full-time. Pre-completion OPT is less common, as Curricular Practical Training (CPT) can often serve a similar purpose without impacting the post-completion OPT allotment. However, students who are not citizens or do not anticipate an immediate change in status post-graduation might find pre-completion OPT beneficial.

Post-completion OPT is an optional work authorization for students who meet specific eligibility criteria. Undergraduate students can begin full-time OPT upon successful completion of their degree program. Graduate students may commence full-time OPT after completing all required coursework. For certain graduate students, their thesis or dissertation may still be in progress while on OPT, but the final defense must be completed within six months of beginning the OPT period.

Application Timelines: Students are eligible to submit an OPT application to USCIS up to 90 days before their graduation date and no later than 60 days after their graduation date. Applying earlier than 90 days prior to graduation will result in denial by USCIS. The International Student Services Office (ISSO) strongly advises applying within this window due to fluctuating USCIS processing times. Submitting an application towards the end of the 60-day grace period could result in losing some of the 12 months of work authorization.

Changing OPT Start Dates: A student may be able to change their OPT start date only if the initial job offer was rescinded through no fault of their own, and the new proposed start date is more than two weeks from the original date. This is at the discretion of the ISSO, requires a new I-20 with a 5-business-day processing timeline, and is not guaranteed.

Eligibility for Graduate Certificate Programs: If a graduate certificate program is the highest level of study completed by a student (meaning they have not already obtained a master's or Ph.D. degree), they would generally be eligible for 12 months of post-completion OPT.

CPT and OPT Interaction: Part-time CPT generally does not count towards the 365-day maximum for OPT. While technically allowed, applying for CPT after applying for OPT could theoretically lead to a Request for Evidence (RFE), rejection, or denial of the OPT petition with USCIS. The ISSO has not observed specific issues arising from this sequence, but any change after an OPT petition is submitted could be subject to USCIS officer discretion.

Studying While on OPT: Academic study is generally incompatible with being on OPT. Students cannot simultaneously work on OPT and pursue academic studies, with the exception of recreational classes that do not further career prospects (e.g., swimming, cooking, or non-career-related philosophy courses).

Job Offer Requirement for OPT: A job offer is not required to apply for OPT, unlike CPT, where a job offer letter is a prerequisite. However, students are generally expected to have a job in their field of study during OPT, as regulations require employment during the post-completion OPT period. A job offer letter alone does not constitute employment; actual work involving meaningful tasks related to the field of study is required.

Unemployment Days: Students are allowed a total of 90 days of unemployment during their 12-month OPT period, which can be used for time between jobs or job searching. The ISSO encourages students to view these unemployment days as a resource rather than something to be feared, emphasizing that using some unemployment time is preferable to engaging in fraudulent employment schemes.

Multiple Jobs on OPT: Students can work more than one job while on OPT, and there is no maximum number of hours per week, other than the 168 hours in a week.

Paid vs. Unpaid Employment: For regular, 12-month post-completion OPT, the employment does not necessarily have to be paid. Employment is defined by the act of working and rendering services on meaningful tasks.

Taxes: Employment on OPT is subject to federal and state taxes, unless exemptions apply under specific country tax treaties. Tax law is distinct from visa law, and ISSO advisors can only provide guidance on visa-related matters.

Processing Times and EAD: After submitting an I-765 application, students receive a receipt notice (Form I-797) indicating processing. The median processing time for USCIS to issue an Employment Authorization Document (EAD) for 12-month OPT is approximately 90 days, though this can vary.

Timeliness of Application: It is critical to submit the I-765 application promptly after receiving the OPT-recommended I-20. Missing the deadline can lead to denial and forfeiture of the application fee.

Request for Evidence (RFE): An RFE is a request from USCIS for additional information before a final decision is made and is not a denial. Responding to an RFE may require gathering evidence from other entities.

Lost EAD Card: If an EAD card is lost, students should first check with USPS and neighbors. In cases where USPS confirms the card is lost, a replacement EAD application may be necessary.

Reporting Employment Changes: Students on OPT are required to report employment status changes, new employment, changes in employer address or name, and loss of employment to the government (ICE/SEVP) within ten days, typically through the SEVP Portal. Failure to report on time is the student's responsibility. While DSOs can manually correct start dates, this is at their discretion.

Updated I-20s: The ISSO does not issue I-20s to reflect approved OPT, updated addresses, or employer changes. Students can request a Travel Signed I-20, which may reflect the latest information in their SEVP Portal, including OPT status and employment. Abuse of this process can lead to denial. For H-1B processes, students may request a travel signature or a special H-1B reprint, which requires a letter from an attorney or HR professional.

International Travel During OPT: Travel is generally not recommended when an individual has a petition pending with USCIS, as departing the U.S. during processing could be considered abandonment of the petition. Re-entering the U.S. on a B visa after departure would result in an I-94 record showing B status, thereby losing F-1 status and invalidating the OPT application and card.

DUI and OPT: A Driving Under the Influence (DUI) conviction can have serious consequences, including potential revocation of a visa.

Re-entry with Expired Visa: Under specific circumstances, individuals may be able to re-enter the U.S. with an expired F-1 visa stamp using "automatic visa revalidation" if traveling to Canada or Mexico for less than 30 days, provided they have a valid passport, EAD card, valid I-94 record, an I-20 signed within the last six months, and proof of employment.

Visa Renewal and Non-immigrant Intent: Renewing an F-1 visa stamp while on OPT may carry a higher risk of denial, particularly if there is a perceived conflict between the desire for an F-1 visa and immigrant intent associated with other petitions. Consulting with an immigration attorney is advisable in such situations.

Required Documents for Travel: For international travel, students should carry a valid passport, EAD card or receipt notice, an ISSO-created I-20 for OPT, and a job offer letter or proof of employment. The job offer letter should ideally state that the job is temporary and will conclude by the end of the practical training period.

Post-OPT Options: After OPT concludes, students have a 60-day grace period to return to their home country unless their status has been changed or extended. Eligible students may consider applying for a STEM OPT extension, transferring to a new university for another degree, or exploring other immigration pathways.

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