The legislation, Keep Innovators in America Act, aims to codify the “economically vital” OPT program in US immigration law and retain US-trained talent, introduced to Congress on March 19.
“We have a choice: educate the best and brightest students in the US to help America succeed, or send them home to China, India and other rivals to launch companies to compete against us,” said democratic congressman Sam Liccardo.
“Only by cultivating the expertise grown here can we keep the US competitive, so I’m proud to work with colleagues on both sides of the aisle to sustain the OPT program for years into the future,” Liccardo continued, proposing the bill alongside democratic policymaker Raja Krishnamoorthi and Republican Jay Obernolte.
If passed, the bill would allow international students to maintain F-1 status while engaging in OPT and permit international students with pending or approved green card applications to maintain student status.
It would charge DHS to set the terms and conditions for the post-study work program while requiring employment to be related to the student’s field of study.
Obernolte said codifying OPT would provide “needed clarity and accountability” for the program which allows international students to gain work experience in the US for 12 months post-graduation, with STEM graduates allowed an additional 24-month extension.
“This legislation ensures that we can retain top talent in critical fields on a temporary basis while strengthening American innovation and maintaining strong oversight and respect for our immigration laws,” he added.
We have a choice: educate the best and brightest students in the US to help America succeed, or send them home to China, India and other rivals
Sam Liccardo, US Congressman
Amid heightened immigration restrictions in the US the program has come under scrutiny from the Trump administration, which has signalled OPT’s potential elimination and recently launched a re-review of the program.
Sector stakeholders are urging representatives to cosponsor the proposed legislation, echoing the congressmen’s warnings of international talent turning away from the US if the workstream is eliminated.
They highlighted the program’s central role in attracting international students to the US, helping to fill labour shortages in high-demand fields and fuelling innovation across small businesses, startups and research institutions across the country.
Advocates of the program emphasise its role driving US innovation and the complementary job creation in STEM fields, with recent estimates from the Institute for Progress that its elimination could cause annual losses of $220bn-$440bn within the next 10 years.
According to Presidents’ Alliance deputy director of federal policy Zuzana Wootson, more than 290,000 international students pursued OPT in academic year 2024/25, many in STEM fields, contributing to communities across the US.
“It is essential that we protect OPT to continue enhancing the educational experience of international students. This will in turn strengthen local economies, support employers, and contribute to the United States’ long-term global competitiveness,” she said.
Uncertainty over the future of OPT has been a key driver of falling US visa issuance, which plummeted by 36% last summer.
Stakeholders say this trend would likely be exacerbated if OPT is restricted, with a recent survey revealing more than half of international students indicating they wouldn’t have enrolled in a US institution if it wasn’t for the work stream.
