Amid the row over H1-B visas in which Trump sided with Elon Musk to back the skilled worker visa, which has been criticised by prominent Republicans, there are fears that Optical Practical Training (OPT) will also come under threat during Trump’s second term.
Critics of the program have spoken out about OPT, branding it a “guest worker program killing jobs for new American college grads”, the US Tech Workers coalition tweeted on X on December 30.
“OPT was originally a one-year work permit for international students graduating from US colleges to gain US work experience to take back to their home countries”, the group said, arguing that it has become a “permanent immigration pathway”.
The program offers international students an opportunity to work in the US for 12 months. Those with a degree in a STEM field have the option to extend their work period by another two years.
Last year, there were 242,782 international students enrolled in OPT in the US – a 22% increase on the previous year and the main driving force behind the record 1.1 million international students in the US, which includes those taking OPT.
The America First Policy Institute, which has close ties with prior and future Trump administration officials, has previously called for OPT’s termination, saying that it “has no basis in statute” and rests on “legal fiction”.
“Stephen Miller, who is set to take a lead policy role in the administration pushed for restrictions to OPT during the first administration. Groups opposed to OPT also raised serious challenges to its legal validity in extensive litigation,” Daniel Pierce, partner at Fragomen immigration law firm, told The PIE News.
And yet, while there are several reasons why OPT could be terminated or curtailed under Trump, reports suggested that “pro-business interests stymied regulatory attempts” to undermine the program during the first Trump administration.
“Much depends on whether high-skilled immigration issues like OPT take a back seat to other priorities like border enforcement issues,” said Pierce.
Despite Trump’s hardline anti-immigration stance and his moves to restrict the H-1B visa during his first term, he has surprised the sector in the past, proposing green cards for all international graduates of US colleges while on the campaign trail.
In the most recent row over H-1B visas, Trump told the Washington Post: “I’ve always liked the visas, I have always been in favour of the visas. That’s why we have them.”
“I have many H-1B visas on my properties. I’ve been a believer in H-1B. I have used it many times. It’s a great program,” he said.
Advocates of OPT have highlighted the benefits of the program for international students to gain work experience, the key role it plays in addressing labour market gaps in the US and its importance in ensuring the US remains globally competitive.
Curtailing the program “could result in a significant loss of top talent, which would harm the future flow of skilled professionals into the US and, in turn, diminish the country’s ability to innovate and lead critical industries,” warned Fragomen immigration partner, Aaron Blumberg.
“Without the opportunity to apply what they’ve learned in real-world settings, the value of a student’s academic education is significantly diminished,” said Blumberg, adding that the program provides a “bridge” between theory and practice.
Fears of ending OPT circulated during Trump’s first presidency, during which it was calculated that curtailing the program would cause 443,000 job losses over the following decade, including 255,000 jobs held by US-born workers.
We are witnessing an unprecedented level of unity within the higher education sector
Aaron Blumberg, Fragomen Law Practice
As the sector braces for the return of Trump to the White House, institutions are analysing trends from his first presidency to ensure they are prepared to respond to new challenges that may arise when he takes office, including many issuing travel advisories for international students to return to campus before January 20.
“One key area of focus is taking a full inventory of the student and employee population, particularly those in vulnerable situations. Institutions are working diligently to understand who may be at risk, including individuals in humanitarian statuses like DACA, TPS, asylum seekers, and other non-immigrant categories,” said Blumberg.
While institutions are making contingency plans to help vulnerable students continue their studies and focussing on compliance protocols to meet evolving immigration regulations, the sector has witnessed an “unprecedented level of unity” in the face of Trump’s incoming presidency, according to Blumberg.
“Institutions are coming together with nonprofits like NAFSA and the President’s Alliance to ensure that their collective message on immigration is aligned.
“By uniting their voices, these organisations aim to influence policy decisions and protect the interests of the higher education community in the face of any potential changes,” he said.
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