OPT Protection Bill Introduced to Protect International Students

OPT protection bill legislation has been introduced in Congress as lawmakers move to safeguard the Optional Practical Training program, a key employment pathway for international students in the United States.

OPT protection bill
Photo by RUT MIIT on Unsplash

The bipartisan bill, titled the Keep Innovators in America Act, was introduced on March 19 by Rep. Sam Liccardo (D-Calif.), alongside Rep. Jay Obernolte (R-Calif.) and Rep. Raja Krishnamoorthi (D-Ill.).

The proposal comes as the Trump administration recently announced a review of the OPT program, raising concerns among universities and industry groups about potential restrictions or policy changes.

Why lawmakers introduced the OPT protection bill

The primary goal of the legislation is to formally codify the Optional Practical Training program into federal law.

Currently, OPT operates under administrative regulations rather than a statute passed by Congress. Because of this structure, critics say the program could be scaled back or eliminated through regulatory changes by the executive branch.

The Department of Homeland Security recently signaled that it plans to review whether OPT and STEM OPT regulations align with labor market conditions, tax policies and national security interests. Officials indicated that potential revisions could eventually be published in the Federal Register.

What OPT allows international students to do

OPT allows international students holding F-1 visas to work in the United States after graduation in fields related to their academic major.

Students in most fields can participate in OPT for up to 12 months, while those with degrees in science, technology, engineering and mathematics (STEM) may extend the program for an additional 24 months, allowing for a total of 36 months of work authorization.

The program is widely viewed as the first step for many international graduates seeking longer-term employment opportunities such as H-1B visas or permanent residency.

Bipartisan support for protecting the program

Rep. Liccardo said the OPT protection bill reflects a strategic decision about whether the United States wants to retain highly trained global talent.

“We have a choice: either leverage the talent educated in our universities to strengthen our economy and innovation, or send them back to competitor nations,” Liccardo said in a statement.

Republican co-sponsor Obernolte echoed that sentiment, arguing that allowing U.S.-trained talent to leave the country would undermine national competitiveness.

“Clarifying OPT in federal law would provide greater stability and accountability for the program,” he said.

Education and industry groups voice support

Higher education institutions and business groups have also backed the legislation.

Organizations such as the American Immigration Lawyers Association (AILA) argue that international students are a critical component of the U.S. innovation workforce and that OPT plays an essential role in maintaining that talent pipeline.

Currently, approximately 290,000 international students participate in OPT each year. Many work in startups, research institutions, hospitals and technology companies, helping fill workforce shortages while contributing to regional economies.

Universities and industry leaders warn that eliminating or weakening OPT could reduce international student enrollment in the United States.

A survey conducted by international education group NAFSA found that more than half of international students said they would not have chosen to study in the U.S. if post-graduation work programs like OPT did not exist.

Supporters of the OPT protection bill say codifying the program into law would provide long-term certainty for students, universities and employers while strengthening the country’s ability to attract global talent.