A renewed debate over foreign student work authorizations has surfaced after Missouri senator Eric Schmitt called for the termination or major reform of the Optional Practical Training program. He said the program has become a cheap labor pipeline and claimed it harms job opportunities for young American workers.
OPT allows international students on F1 visas to work in the United States in fields related to their studies while they are still pursuing their degrees. Under the current rules, they can work for up to three years without needing any other visa. Schmitt wrote to the United States Citizenship and Immigration Services and the Department of Homeland Security warning that the program enables what he described as a backdoor entry for foreign workers into the US job market.
Schmitt said “OPT serves the financial interests of large corporations and academic institutions at the direct expense of young American workers and students. This system boxes young Americans out of the workforce, discriminates against American workers in favour of foreign labor, suppresses wages and job opportunities for US graduates.” He also said “At the same time, it distorts our higher education system, incentivizes colleges to become visa mills and poses a serious threat to our national security and prosperity.”
He further argued that “Americans never asked for, or even authorized, this program. OPT was created and then expanded by unelected bureaucrats in the executive branch, without the input or approval of Congress circumventing the caps and limits that govern employment based visas.”
The program works by allowing F1 students to apply for up to twelve months of work either during their studies or after graduation. Students in STEM fields can apply for an additional two year extension. They must first request approval from their university’s international office to receive an updated I20 and then apply to USCIS for an Employment Authorization Document. They can begin working only after the start date listed on that document. Students must work in their field of study, report employer information to their institution and stay within the allowed unemployment limit.
OPT often becomes a pathway to the H1B visa because employers may choose to sponsor students while they are working under OPT. If selected in the H1B lottery, the student can move from F1 OPT status to H1B status. Critics argue that this creates a direct bridge into the workforce for foreign graduates and excludes American graduates from opportunities. Several lawmakers have said that ending OPT is essential if jobs are to be safeguarded for citizens.
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