According to the White House, the U.S. Department of Homeland Security (“DHS”) is working on a proposal to “expand and extend” the OPT (“Optional Practical Training”) program. Currently, most international students qualify for a 12-month period of work authorization and some international students in STEM (Science, Technology, Engineering and Mathematics) fields can qualify for an additional 17-month extension of OPT. However, the limit on the number of new H-1B visas means that some highly-qualified, U.S. educated professionals will use up their OPT and, in spite of having willing sponsors and needed skills, have no means of remaining employment-authorized.
The cap on H-1B visa numbers and the unavailability of extensions beyond the 12/29 month limits of OPT pose problems for U.S. employers. In response, and as part of promised Executive Actions to reform immigration, DHS is proposing changes which would include extending the work authorization for STEM OPT-eligible students from 17 to 24 months and allowing students to use the STEM extension at two different academic levels, rather than just once. The proposals would offer non-STEM students a single 24-month extension, as long as a previous degree is within a STEM category.
Critics of the proposal including influential Committee Chair Senator Charles Grassley (R. Iowa) oppose these changes, out of concerns over insufficient oversight relating to student employment. DHS has declined comment on the proposed changes and Senator Grassley’s criticism, but the American higher education system has voiced its favorable support for the measures. For more information on the proposed changes to OPT, click here. For more information about visas for international students, OPT and student employment, contact us.