A new proposed rule from the Department of Homeland Security (DHS) could radically change the landscape for the Optional Practical Training (OPT) program for F-1 students and their U.S. employers. Here’s what you need to know, and what proactive steps you should take.
What’s Changing with OPT and Why It Matters
The Proposed Rule in a Nutshell
Recent reports show that DHS is moving to end or severely restrict OPT and the STEM extension.
- OPT has allowed international students to work up to 12 months in their field of study post-graduation, and STEM-OPT often extends that by 24 months.
- The rationale: DHS cites fraud risks, national security concerns, and perceived displacement of U.S. workers.
- Timing: The rule is expected by late 2025 or early 2026.
Who Will Be Impacted?
For Students & Recent Graduates:
If you’ve earned or are earning a U.S. degree and were counting on OPT (or STEM OPT) to gain work experience in the U.S., this will hit you directly. It could shorten your employment window or eliminate it.
For Employers:
Companies hiring F-1 graduates on OPT will face greater uncertainty. The possible restriction of the program means less predictable staffing, compliance risk, and increased strategic importance of H-1B or other work visa pathways.
For Families & Advisors:
This isn’t just legal jargon. It can affect long-term career plans, geographic relocation, and whether the U.S. remains viable as a host country for global talent.
Practical Guidance from Berardi Immigration Law
“We always advise students and employers to plan for the unexpected, because this rule could change the game overnight.”
– Rosanna Berardi, Esq., Managing Partner at Berardi Immigration Law
What Students Should Do Right Now
- Don’t count on the status quo. If you’re finishing a degree and expecting OPT, proceed…but with caution.
- File early if eligible. If your OPT application is still open, submit it before the rule becomes final (though timing is never guaranteed).
- Explore alternatives. Consider switching to an H-1B, O-1, or other nonimmigrant status, or plan for a return home with backup options.
- Keep all documentation solid. For any post-completion training or employment, make sure your activities are clearly within your degree field and properly authorized.
How Employers Should Respond
- Audit your OPT hiring practices. Ensure that roles really match the student’s field of study and that you maintain strong records.
- Start contingency planning. If OPT durations shrink or vanish, alternatives like H-1B, employment-based green cards, or international remote work should be on the table.
- Watch regulatory updates. The proposed rule will go through a comment period, this means changes may evolve, and staying ahead is key.
Advice for Families & Educational Institutions
- Advisors: Guide students to understand that while OPT has been reliable in the past, changing rules mean flexibility now matters more than ever.
- Families: Help students keep open lines of communication around visa timing, job offers, and immigration counsel.
- Institutions: Audit how your institution supports international students’ transition to the workforce; clarify risks and timelines.
Why This Rule Matters Beyond One Program
This isn’t just about one visa program. It signals a broader shift in how the U.S. treats international students and global talent. Critics argue that ending or restricting OPT damages U.S. competitiveness in research, innovation and higher education. On the flip side, supporters say the change is needed to align the program with its original intent: training, not indefinite work or immigration by default.
Don’t Let OPT Reform Stop Your Immigration Journey
At Berardi Immigration Law we believe in preparing, not panicking. If you or your organization rely on OPT, now is the time to review strategy, shore up contingencies, and engage experienced immigration counsel. The proposed changes could shift the rules under your feet, but with foresight and guidance you’ll be ready. For personalized support, our team is here to help you evaluate your position, explore alternatives and remain compliant during this transition.
OTP Program Changes FAQs
Will the OPT program end immediately?
No. The rule is still in proposal stage and is expected late 2025 or early 2026. It may take time to finalize and implement.
If I’ve already submitted an OPT application, am I safe?
Not guaranteed. Filing before a final rule improves your odds, but depending on its effective date and implementation details, some submitted applications may still face changes in eligibility.
Does this change affect only U.S. institutions or also employers abroad?
It primarily impacts U.S. institutions and U.S.-based employers who hire F-1 students for OPT in the U.S. But ripple effects can touch cross-border education and remote work arrangements too.
If you’d like to walk through how this may affect your situation (student, employer, or family) don’t hesitate to reach out and book your consultation. At Berardi Immigration Law, we’ve helped countless clients navigate uncertain times like this. Let’s get you ready for what’s next.
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