International students across the United States—and the universities and employers that rely on their talent—have reason to be concerned. During a recent Senate Judiciary Committee hearing, Joseph Edlow, President Donald Trump's nominee to lead U.S. Citizenship and Immigration Services (USCIS), made clear his intent: to dismantle the Optional Practical Training (OPT) program.
At Saluja Law, we are closely monitoring this development and want to provide insight into what this could mean for current and future F-1 visa holders, STEM graduates, and the U.S. innovation economy as a whole.
What Is OPT?
Optional Practical Training (OPT) is a program that allows international students holding F-1 visas to work in the U.S. after completing their academic studies. Standard OPT provides up to 12 months of work authorization, while students in STEM fields are eligible for a 24-month extension, bringing the total to three years of potential post-graduation employment.
The OPT program plays a crucial role in bridging the gap between academia and employment, offering international graduates hands-on experience in their field and giving U.S. employers access to a highly skilled and globally diverse talent pool.
Edlow's Position: End the Program
At his nomination hearing, Joseph Edlow questioned the legal basis for OPT, stating:
“I think the way in which OPT has been handled over the past four years, with the help of certain decisions coming out of the DC Circuit Court, have been a real problem in terms of misapplication of the law.”
This statement underscores a broader ideological effort by the Trump administration to limit employment-based immigration—especially for international students who seek to remain and contribute to the U.S. workforce after graduation.
Legal Background: OPT's Uphill Battle
The OPT program has long been the target of legal challenges. In 2014, the Washington Alliance of Technology Workers (WashTech) filed suit, arguing that the Department of Homeland Security (DHS) lacked the authority to permit employment via OPT. After years of litigation, the U.S. Court of Appeals for the D.C. Circuit upheld OPT's legality in 2022, affirming the program's standing and the STEM extension.
When WashTech sought U.S. Supreme Court review, the Court declined to hear the case, effectively cementing OPT's current legal status.
What Could Happen Next?
While the courts have upheld OPT, its future could still be reshaped through executive action or regulatory overhaul—especially if USCIS leadership actively works to phase out or significantly restrict the program.
Any attempt to end or modify OPT would almost certainly face new legal challenges, but the policy uncertainty alone could discourage international students from choosing the United States for their education.
Why This Matters
Ending OPT would not only impact the lives of hundreds of thousands of international students, but also harm U.S. universities, startups, and STEM industries. OPT is a critical pipeline for global talent, particularly in fields like AI, biotechnology, and engineering, where the U.S. already faces global competition.
Restricting post-graduation work options will reduce the U.S.'s ability to attract the best and brightest—and that loss will be felt in classrooms, laboratories, and boardrooms across the country.
Saluja Law's Perspective
At Saluja Law, we believe OPT is essential to both the integrity of the U.S. immigration system and the vitality of the U.S. economy. We strongly oppose any efforts to unilaterally dismantle a program that has been upheld by the courts and proven effective in practice.
We urge students, institutions, and employers to stay informed—and, when appropriate, to advocate. We also stand ready to assist international students navigating their post-graduation immigration options and preparing for potential changes to OPT.
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