April 9, 2024
Optional Practical Training (OPT) for Foreign Students in the
United States
Optional Practical Training (OPT) is temporary
maximum period of OPT from 12 months to 29 months for
employment established through regulation for foreign
F-1 students who had completed a degree in science,
students and recent graduates in the United States in F-1 or
technology, engineering, or mathematics (STEM). In 2016,
M-1 nonimmigrant (i.e., temporary) status. In calendar year
the Obama Administration further extended the maximum
(CY) 2023, there were 1.49 million F-1 and M-1 students
OPT period to 36 months for those with STEM degrees.
and recent graduates in the United States. Twenty-three
Both Administrations cited the economic, cultural, and
percent of those (344,686) were authorized to work via
academic contributions of foreign students, as well as
OPT.
national security concerns related to U.S. economic and
technological competitiveness, as justification for the
As OPT participation has increased, debate has arisen over
extensions. DHS maintains a list of degrees that qualify for
the program’s merits and legality. Some policymakers have
the STEM OPT extension. M-1 students are eligible for up
expressed an interest in restricting or eliminating the
to six months of OPT after completing their program.
program, arguing that it operates as a foreign worker
program without congressional approval, displaces U.S.
F-1 nonimmigrants are eligible to participate in OPT once
students and recent graduates, and is susceptible to national
per degree level (i.e., bachelor’s, master’s, or doctorate),
security risks. Others argue that OPT should be continued
but may not receive more than two STEM OPT extensions.
or expanded (or that other options for foreign students to
STEM OPT employers must attest that any STEM OPT
remain and work in the United States after graduation
employee they hire is not replacing a U.S. worker and that
should be bolstered) because it allows educated foreign
the duties, hours, and compensation are commensurate with
nationals to contribute to the U.S. economy and makes the
those for their U.S. employees. STEM OPT employers are
United States a more attractive destination for students and
required to use the E-Verify electronic employment
skilled workers.
eligibility verification system and submit a formal training
plan that identifies learning objectives and a plan for
Background
achieving those objectives.
F-1 visas are for full-time academic study and are the most
common visas issued to foreign nationals coming to the
For foreign students who want to remain and work in the
United States to study. M-1 visas are for vocational study.
United States after graduation, obtaining OPT authorization
Students in F-1 or M-1 status are permitted to remain in the
is typically faster and easier than changing to a temporary
United States for the duration of their studies. When they
or permanent employment-based immigration status—such
have completed their programs, most return to their home
as H-1B (for temporary workers in specialty occupations)
countries. Many of those who remain in the United States
and lawful permanent resident (LPR)—that is numerically
after graduation do so through OPT.
limited and oversubscribed. In this way, OPT often serves
as a bridge for students on F-1 visas to transition to other
Since 1947, regulations have provided that foreign students
immigration statuses, both temporary and permanent. For
may work “in cases where employment for practical
example, working for three years under STEM OPT
training is required or recommended by the school” and
provides an F-1 nonimmigrant with multiple chances to be
approved by immigration officials. Current regulations
selected in the H-1B lottery, in order to be petitioned for by
provide that F-1 students are eligible to participate in OPT
a U.S. employer for H-1B status. OPT can also provide an
after their first academic year; M-1 students are eligible
interim status for recent graduates whose employers are
after completing their program of study. To participate in
sponsoring them for LPR status.
OPT, a student must get approval from the school and then
file an application for employment authorization with the
OPT Trends
Department of Homeland Security’s (DHS’s) U.S.
Participation in the OPT program has more than doubled
Citizenship and Immigration Services (USCIS). There is no
since 2007 (the earliest year for which DHS produces
numerical limitation on the number of F-1 or M-1
comparable data). The implementation of the STEM OPT
nonimmigrants who may participate in OPT. The vast
extension in 2008 and its expansion in 2016 has allowed
majority (98%-99%) of OPT participants are in F-1 status.
more students to stay past graduation for longer periods of
time. In CY2007, there were 154,522 nonimmigrants who
Generally, an F-1 nonimmigrant may work up to 12 months
were OPT authorized. This number peaked in 2019 at
in OPT, which may occur before and/or after graduation. In
350,086 before dropping during the COVID-19 pandemic
2008, the George W. Bush Administration extended the
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link to page 2
Optional Practical Training (OPT) for Foreign Students in the United States
(Figure 1). In CY2023, there were 344,686 individuals who
foreign nationals over those who are U.S. citizens because
were OPT authorized.
employers are not required to pay Social Security and
Medicare (FICA) taxes for OPT employees.
Figure 1. Nonimmigrants Authorized for OPT,
CY2007-CY2023
There are also concerns about OPT workers’ access to U.S.
technology and intellectual property, particularly nationals
of China, Iran, Russia, and other countries of concern. This
exposure could help develop expertise that is then used to
build capabilities in these countries. A recent report by the
USCIS Ombudsman’s office stated that OPT “may be
exploited by foreign governments with interests adverse to
those of the United States” and that the OPT program “is
currently being used by government actors such as the PRC
[People’s Republic of China] as a means of conducting
espionage and technology transfer.”
Supporters argue that OPT helps the United States attract

international students in an increasingly competitive global
market. U.S. universities have increasingly come to rely on
Source: Presentation of unpublished data provided to CRS by DHS.
foreign students for their out-of-state tuition payments and
Note: Numbers represent the stock of F-1 and M-1 nonimmigrants
academic contributions, particularly in STEM fields.
who had OPT authorization at any time during the calendar year.
Supporters also contend that OPT provides a mechanism for
Individuals whose authorizations spanned more than one calendar
those with in-demand skills to remain in and contribute to
year are counted in each calendar year in which they had OPT
the U.S. economy, including in emerging technologies
authorization. Individuals who were authorized for OPT and STEM
deemed critical to national security. They also assert that
OPT in the same year are counted in each of the bars for the same
there is no evidence that OPT workers take jobs that would
year but only once in the shaded area.
otherwise be filled by American students, and that OPT
allows employers to screen workers for permanent
More than two-thirds of the OPT authorized population are
employment.
citizens of Asian countries. From 2019-2023, the top 10
countries of citizenship for OPT participants were India,
Legal Issues
China, South Korea, Taiwan, Canada, Nepal, Nigeria,
Some OPT opponents assert that DHS lacks statutory
Vietnam, Brazil, and Mexico. India and China accounted
authority to permit F-1 nonimmigrants to remain and work
for 33% and 26%, respectively, while South Korea, the next
in the United States after graduation on the grounds that F-1
highest country, accounted for 4%.
status is statutorily limited to pursuing a course of study at
an academic institution. This argument was rejected by the
Nonimmigrants with OPT authorization are concentrated in
Court of Appeals for the D.C. Circuit in Washington All. of
STEM fields. More than a quarter (27%) of those
Tech. Workers v. DHS, 50 F.4th 164 (D.C. Cir. 2022). In the
authorized for OPT in 2023 majored in computer science,
suit, brought by a union of domestic technology workers,
with another 19% in engineering. Business majors
the court held that OPT was a valid exercise of DHS’s
accounted for 17%. Other top majors were
authority under the INA to set the time and conditions of a
mathematics/statistics, biological/biomedical sciences,
nonimmigrant’s stay in the United States in ways that
social sciences, visual and performing arts, health
“reasonably relate” to the visas they used to enter the
professions, physical sciences, and communication.
country. The court also recognized that DHS’s authority to
Companies employing the largest numbers of OPT workers
set the conditions of nonimmigrant admission includes the
are large technology firms such as Amazon, Google, and
power to authorize employment in the United States,
Microsoft.
including for nonimmigrant students.
Policy Issues
Congressional Considerations
As the number of nonimmigrants using OPT has grown—
Some Members of Congress have proposed eliminating the
along with the length of time OPT participants may work in
OPT program, reducing the length of time students and
the United States—some observers have argued that what
graduates are permitted to stay and work, and restricting its
was initially designed as a way to give students some work
use in sensitive technology fields. Proposals have also been
experience in their field has become a large-scale temporary
made over the years to allow STEM graduates from U.S.
worker program without safeguards in place for protecting
universities to obtain permanent status more directly, thus
U.S. workers and students. They argue that OPT serves as
removing the incentive for them to use OPT and/or H-1B
an end-run around the numerical limitations and more
status as stepping stones to LPR status.
lengthy application processes associated with the H-1B
program or LPR status.
Jill H. Wilson, Analyst in Immigration Policy
Opponents also point out that OPT provides U.S. employers
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with a financial incentive to hire recent graduates who are


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Optional Practical Training (OPT) for Foreign Students in the United States


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