Eliminating fraud will not fix OPT
The recent crackdown on fraud in the Optional Practical Training (OPT) program by Immigration and Customs Enforcement is a positive step, but it does not address the program's underlying issues. OPT allows F-1 visa holders to work in the U.S. after graduation, but it lacks the protections and authorizations present in other employment visa categories. Critics argue that OPT undermines American graduates by providing a cheaper labor alternative without proper regulatory oversight.
- ▪More than 505,000 foreign nationals participated in OPT in fiscal 2024.
- ▪Unlike other guest worker programs, OPT was never clearly authorized by statute and lacks essential safeguards.
- ▪Employers hiring OPT participants are generally exempt from paying Social Security and Medicare payroll taxes.
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Immigration and Customs Enforcement’s new crackdown on fraud in the Optional Practical Training program is a welcome development. But even if DHS succeeds in rooting out fraud and abuse, it still will not solve the program’s far more fundamental problems. OPT allows F-1 visa holders to remain and work in the United States after graduation. Generally, participants can receive 12 months of work authorization, while graduates in certain STEM fields may stay and work for up to three years.
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