OPT: A Vital Policy for America

Concerns about a regulatory rollback under the Trump administration have pushed optional practical training (OPT) to the front line of concerns for employers, universities, and students. OPT is a vital part of the U.S. immigration system because it can represent the only immediate way an international student can remain in the United States to gain practical experience—typically when his or her studies are completed. Although more than 147,000 international students used OPT in the 2015–16 academic year, surprisingly little information is known by policymakers or the general public about OPT, its history, and its importance.

A Little History

Since 1947, the federal government has recognized that the law permits international students to work in the United States after completing their studies. An August 12, 2015, U.S. District Court opinion explained this history: “For almost 70 years, DHS [the Department of Homeland Security] and its predecessor, the Immigration and Naturalization Service (“INS”), have interpreted the immigration laws to allow students to engage in employment for practical training purposes. See 12 Fed. Reg. 5355, 5357 (Aug. 7, 1947) (“In cases where employment for practical training is required or recommended by the school, the district director may permit the student to engage in such employment for a six-month period subject to extension for not over two additional six-month periods…)” The opinion also noted, “Congress has never repudiated INS or DHS’s interpretation permitting foreign students to engage in post-completion practical training.”

During the George W. Bush administration, concerns escalated among policymakers and the business community that the