The Optional Practical Training (OPT) programme, which allows international students, including those from India, to gain work experience in the US after graduation, is facing scrutiny amid growing concerns over foreign worker programmes. The OPT programme has been criticised for being exploited to fill American jobs, with some arguing it’s being used as a long-term immigration pathway, bypassing traditional channels.

Originally designed for temporary skill development, the OPT programme permits foreign students on F-1 visas to work in the US for up to three years if they have a STEM degree. Critics claim it operates without Congressional approval and competes with US graduates for job opportunities, calling it a “backdoor” entry into the US job market.

US Tech Workers group has opposed the programme and said “The OPT programme is a guest worker scheme disguised as an internship for foreign students. Universities are selling work permits instead of education. Created illegally like DACA (Deferred Action for Childhood Arrivals), Trump should end OPT to protect American college grads from unfair competition,” on X.

In closing, the OPT program is a guest worker scheme disguised as an internship for foreign students. Universities are selling work permits instead of education. Created illegally like DACA, Trump should end OPT to protect American college grads from unfair competition.

— U.S. Tech Workers (@USTechWorkers) December 30, 2024

Moreover, Indian students rely on the programme for professional opportunities and H-1B visas. The Washington Alliance of Technology Workers (WashTech) took the programme to court in 2023, declaring that it harms American workers. However, a lower court’s ruling was upholded, which validated the programme.

The programme’s future is uncertain, with some policymakers pushing for its elimination, while others defend it as essential for attracting international talent and boosting the US economy. Historically, both Republican and Democratic administrations have extended the OPT programme, citing its economic and cultural benefits.

Eliminating OPT could impact the appeal of US universities for international students, affecting the financial and academic resources they provide. International students contribute billions to the US economy, making this a significant consideration.
 

Immigration lawyers are urging their foreign clients who work in tech and are in the US on visas to return to the country before President-elect Donald Trump takes office next month. The warning comes as the Trump administration is expected to include several executive orders that will limit access to several types of work visas, particularly those that are common in the tech industry. According to the New York Post, Mr Trump has also vowed to reinstate his ban on people entering the country from Muslim-majority countries. 

So in light of this, US-based immigration lawyers have asked foreign tech workers on visas to return to the country before Donald Trump takes office on January 20, 2025. “Storm is coming. And this time, we know exactly what it’s going to bring,” Texas-based immigration lawyer Jason Finkelman told Business Insider. 

“I think it’s possible that Trump may attempt to impose travel bans from certain countries just as he did when he initially tried to implement travel restrictions. While I think travel bans will likely face challenges in the courts, it may lead to issues of US employers being restricted from hiring and retaining the foreign talent they need for their operations,” Mr Finkelman said. 

A California-based lawyer is also urging her clients who are travelling overseas to return to the country in anticipation of a possible travel ban. Separately, another lawyer wondered whether the Trump administration’s new travel ban could include China. “The wildcard for me is what happens to China,” the lawyer told the outlet. 

Also Read | US Woman Claims She Was Denied Promotion For Being Black, Single Mother: Lawsuit

Techies in the US are now waiting to see what Mr Trump will do with the H1-B visa, which allows companies to hire immigrants for speciality roles that require certain skills. Often, an H-1B visa is the only way a high-skilled foreign national can work long-term in the US. Critics say that an H-1B visa allows companies to pay lower wages with fewer protections. 

Notably, in Trump’s first term, the number of applications for H-1B visas that were denied surged. During his presidency, he also issued his “Buy American and Hire American” executive order, directing cabinet members to suggest reforms to ensure that business visas were only awarded to the highest-paid or most-skilled applicants in a bid to protect American workers.