Students' backdoor to US jobs? Senators target OPT amid bill to freeze H-1B

After the strongest challenge yet to the H-1B visa programme, with a proposal seeking a three-year freeze on it, a provision in the proposed bill has widened the immigration debate in the US, particularly because it targets student work pathways such as Optional Practical Training (OPT).

The "End H-1B Visa Abuse Act of 2026", introduced by Arizona Representative Eli Crane, goes beyond restricting the visa route used by US companies to hire foreign workers and is aiming at OPT, long seen as a key bridge between education and employment for international students.

For years, OPT has worked as a roadmap for international students, especially Indians, who form a significant number of both student visa and work visa holders in the US. Students who study under the F-1 visa have so far been gaining work experience through the OPT programme. Then they would transition to an H-1B visa and also seek permanent residency.

This comes against the backdrop of the H-1B visa programme facing its strongest challenge under the Trump administration, with a group of Republican lawmakers proposing a bill that seeks a three-year freeze on the issuance of the temporary work visas.

The new bill introduced in the US Congress aims to disrupt each step of this pipeline.

Some senators have accused the OPT programme of serving as a backdoor for foreign students to enter the US job market, arguing that it disadvantages American workers.

OPT COOKED UP BY BIG TECH LOBBYISTS: SENATOR ERIC SCHMITT

"OPT is not in the laws passed by Congress. It's a regulatory creation cooked up by Big Tech lobbyists to avoid Congress's cap on H-1B visas," Senator Eric Schmitt posted on X on Saturday. He accused the initiative of being "unlawful" and advocated his claim that the OPT violates Congress's requirement that F-1 visa holders "enter the US temporarily and solely for the purpose of pursuing a course of study".

"OPT came into this world through agency action, so it can leave through agency action," Schmitt added.

Mark Lynch, a Republican politician, accused the OPT of being the Student Back Door. "It's a weapon being used to destroy America," Lynch posted on X. He also claimed that OPT is the one way that "legal immigrants" come into the United States.

"381,000 foreign students are authorised to work for one year; there is no limit or test. When they [students] convert to an H-1B visa, their spouse gets authorised, too," Lynch added.

Senator Jim Banks termed the OPT programme a "scam". "The programme was never authorised by Congress and expanded by Obama. OPT floods the market with tax-exempt jobs for foreign students," Banks posted on X, even as he claimed that the OPT "leaves American students at a disadvantage".

SENATORS' CLAIM OF OPT 'SCAM' DRAWS MIXED REACTIONS

The posts by Senators received mixed reactions, with some explaining how foreign students have contributed to the US economy. " students brought $43.8 billion into the US economy in one year and supported more than 378,000 American jobs," an X user said.

"America is one of the few countries lucky enough to have talented people who pay us to study here. Only fools treat that like a problem," the handle added.

However, on April 21, West Virginia Congressman Riley M Moore wrote to Homeland Security Secretary Markwayne Mullin, urging the Department of Homeland Security (DHS) to end work programmes that allow foreign students to work during or after their studies.

The programmes under scrutiny include Optional Practical Training (OPT), its STEM extension (STEM-OPT), and Curricular Practical Training (CPT), all tied to F-1 student visas.

HOW WILL THE RESTRICTION ON OPT IMPACT INDIAN STUDENTS?

Around 3,52,644 Indian students are currently studying in the US, and the majority of them are studying on F-1 visas, according to data shared by the Ministry of External Affairs (MEA) in the Rajya Sabha as of February 2026.

Many of them pursue education in the US with the expectation of gaining work experience through the OPT programme, which serves as a critical bridge from education to employment while they seek an H-1B visa.

If the bill is passed by the US Congress, the impact could be severe. Students usually invest anywhere between $60,000 and $100,000 (Rs 55 lakh to Rs 1 crore) to get a degree from the US, and rely on OPT earnings to repay loans and build experience before transitioning to H-1B status. Without this pathway, the return on investment might weaken significantly — potentially leading to financial stress, rushed visa decisions, and a sharp decline in enrolments as students turn to countries like Canada, the UK, Australia, and Germany that offer clearer post-study work options.

Heightened scrutiny of H-1B visas under the Trump administration has already contributed to a dip in Indian student numbers. Any restriction on OPT would further discourage prospective students, significantly impacting those planning to pursue higher education in the US.

- Ends