Quick Answer
President Trump’s administration is preparing two sweeping DHS regulations that could restrict or terminate Optional Practical Training (OPT) — the key program allowing F-1 students to work in the U.S. after graduation.
The first rule ends “Duration of Status (D/S)” for students and exchange visitors, forcing fixed visa end-dates.
The second, a pending OPT rule, could limit or eliminate both OPT and STEM OPT, threatening the futures of more than 200,000 international graduates each year.
Fast Facts
- STEM OPT extension: Adds 24 months, bringing total eligibility to 36 months.
- Legal background: Courts have upheld DHS’s power to regulate OPT, meaning DHS can also restrict or end it by new rulemaking.
- Project 2025 plan: Calls OPT a “backdoor guest worker program.”
- DHS’s Duration of Status rule (proposed August 2025) would end open-ended student stays.
- A new OPT rule, expected late 2025, may end or drastically limit OPT and STEM OPT.
- Project 2025 labels OPT a “backdoor guest-worker program.”
- Vice President J.D. Vance and senior Trump officials advocate reducing legal immigration overall.
- OPT supports $60 billion in annual economic output and is crucial to U.S. innovation.
- Impact: Eliminating OPT would weaken innovation and workforce pipelines, especially in states like Ohio with major research universities and healthcare systems. Empirical studies indicate that more OPT approvals are linked with lower unemployment among U.S. workers, challenging the narrative that foreign graduates displace American workers.
- Key actors: President Trump, Vice President J.D. Vance, Heritage Foundation architects of Project 2025.
- Importance: Many prospective international students view the OPT program as a crucial pathway to gaining practical experience and potentially securing long-term employment in the U.S.
- Participation data: In 2024, approximately 340,066 international students participated in OPT, with an additional 165,524 in STEM OPT, totaling over half a million participating students.
What’s Changing
1. DHS Ending “Duration of Status”
- Fixed stay limits: Up to four years, with USCIS extensions required for longer study.
- Impact: Each extension adds cost, delay, and denial risk.
- OPT connection: Shorter status validity = shorter post-completion OPT periods.
- DHS Moves to End “Duration of Status”
- Proposed August 28 2025 rule: Ends D/S for F-1/J-1 students, giving fixed admission end-dates (often 4 years).
- Effect: Students would need USCIS extensions to maintain status—each creating filing fees, delays, and potential denials.
- OPT connection: DHS acknowledges this will “heavily affect post-completion OPT and STEM OPT timelines.”
- Challenge: The National Center for Education Statistics reports a median of 52 months for completing a bachelor’s degree, while many international students will have to fit their study within a four-year limit proposed by the new rule.
- Concerns: Educators warn that the new rule will impose significant burdens on students and institutions, leading to uncertainty in the academic environment. Additionally, educators warn that the proposed limitation on international students will lead to fewer international students coming to the U.S.
- Read the Federal Register proposal.
2. OPT Elimination Rule in Draft
- A Separate OPT Rule in DevelopmentForbes confirmed DHS is drafting a rule to end or restrict OPT.
- November 2025 report by Forbes revealed DHS is drafting a stand-alone rule to eliminate or restrict OPT/STEM OPT.
- Anticipated measures: shorter durations, fewer eligible fields, tougher audits, STEM OPT phase-out.
- Expected changes:
- Shorter post-completion periods
- Fewer eligible fields
- Heavier employer audits
- Possible STEM OPT phase-out
- Global competition: The uncertainty stemming from these immigration policies could make the U.S. a less attractive option for international students amid global competition for talent.
- Criticism: The Trump administration’s policies are viewed by critics as having a negative impact on American competitiveness in attracting international talent.
- Source: Forbes report on pending OPT rule
- Expected changes:
- See Forbes coverage.
3. Political Context
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- Vice President J.D. Vance has called for slashing legal immigration numbers and has echoed criticism of programs like OPT. J.D. Vance calls for cutting legal immigration “way down.”
- The administration’s broader goal is to “reset” immigration to pre-1990 levels.
- Justification: DHS cites national security as a justification for the proposed immigration rule affecting international students.
- Sources: PBS NewsHour, Associated PressPolitical Climate: Cuts to Legal Immigration
- Project 2025 strategists view OPT as circumventing U.S. labor protections.
Why OPT Matters
- OPT gives 12 months of post-study work authorization; STEM OPT extends another 24 months.
- U.S. universities rely on OPT outcomes to attract international talent.
- In Ohio, OPT graduates power innovation at Cleveland Clinic, Ohio State University, and Columbus Tech Labs.
- Cutting OPT would trigger a brain drain and push students toward Canada and the UK.
- Official rules: USCIS – STEM OPT Extension.
Legal Background
- WashTech v. DHS (2022): Court affirmed DHS’s legal authority to run OPT/STEM OPT — and by extension, to modify or rescind it via rulemaking.
- Changes must follow the Administrative Procedure Act, but do not require Congress.
- Decision: WashTech v. DHS.
Impact on Ohio and Beyond
| Sector | Impact of Ending OPT |
|---|---|
| Universities | Loss of foreign enrollment; fewer research assistants. |
| Health Care | Fewer STEM OPT nurses, data analysts, and researchers. |
| Tech Firms | Startup talent pipeline disrupted. |
| Manufacturing | Skills shortage worsens; supply-chain R&D gaps. |
Economic impact:
Restricting the OPT program could lead to job losses for U.S.-born workers in the long run, as foreign workers are shown to create jobs by boosting consumer spending. Additionally, U.S. Citizenship and Immigration Services (USCIS) increased unannounced site visits and inspections to verify compliance with OPT program rules.
Source: USCIS – STEM OPT Extension Overview

Legal Authority to Eliminate OPT
- The D.C. Circuit ( WashTech v. DHS, 2022 ) upheld DHS’s regulatory authority over OPT/STEM OPT.
- That same authority lets DHS revise or rescind the program through a new rule if justified under the Administrative Procedure Act (APA).
- Thus, OPT’s future depends on rulemaking, not Congress.
- Legal challenges: The OPT program has faced ongoing legal challenges, with arguments regarding its authority and implications for international students.
Source: D.C. Circuit Court Decision – WashTech v. DHS
What the D/S Rule Means for Students
- No more open-ended “D/S.”
- Four-year maximum admission; shorter for specific countries or security concerns.
- OPT/STEM OPT would require extra filings to remain in status.
- Each extension = new fees + more risk of RFE (Request for Evidence) or denial.
- Universities and NAFSA argue this change is unnecessary and harmful.
Sources:
- ICE SEVIS “Help Hub” Explainer
- NAFSA Policy Brief
Possible OPT Rule Outcomes
If finalized, the new OPT regulation could:
- Reduce OPT duration below 12 months
- Limit or phase out STEM OPT
- Restrict eligible majors/fields
- Require higher employer compliance and audits
- Eliminate cap-gap benefits
- Add fees for OPT authorization
Ohio-Specific Impact
- Ohio State University, Case Western, Cleveland State, University of Cincinnati, and Wright State host thousands of F-1 students annually.
- Loss of OPT would:
- Reduce research capacity
- Shrink local tech/medical innovation
- Push students toward Canada, UK, Australia for work opportunities
- Workforce reliance: The U.S. job market, especially in tech and STEM industries, heavily relies on foreign workers to fill domestic talent shortfalls.
What You Can Do
Students
- Apply for OPT as soon as eligible.
- Maintain valid F-1 status; avoid gaps and unauthorized work.
- Track rule developments on Regulations.gov.
- Plan alternatives (H-1B, O-1, TN, E-2, further study).
- Seek legal counsel early.
Universities
- Submit formal comments opposing restrictive rules.
- Support students with legal resources and DSO guidance.
Employers
- Audit all training plans and E-Verify records.
- Document workforce impact for advocacy and litigation.
Directory of Resources
Herman Legal Group (HLG)
- F-1 to H-1B : Fast-Track Your Visa-Status Change
- How to Prepare for Increased Site Visits for OPT & CPT Students
- OPT Fraud Crackdown 2025 – Student & Employer Penalties
- How Do New H-1B Restrictions Impact F-1 Students in 2026? (OPT, CPT, Cap-Gap)
- Recent Immigration Changes Impacting Students & Employment-Based Petitioners (2025-2026)
- Top 10 Questions F-1 Students Ask Immigration Lawyers
- 214(b) Visa Refusal : What Next?
- 221(g) Visa Refusal : What Should I Do Now?
- H-1B $100,000 Fee (Nov 2025): Who Pays, Exemptions, RFEs
- The Next Trump H-1B Rule : Key Changes
- Book a Consultation with Richard T. Herman
Government & Policy
- Federal Register – DHS Proposal Ending “Duration of Status” (D/S)
- USCIS – OPT & STEM OPT Overview
- Study in the States – SEVIS Help Hub: F-1 STEM OPT
- ICE – Practical Training (CPT/OPT) Overview
Media & Analysis
- Forbes – “New Immigration Rule Could End or Restrict OPT Program” (Nov 11 2025)
- Politico – “DHS Moves to Limit How Long Foreign Students Can Stay in U.S.” (Aug 27 2025)
- Peterson Institute – “Effects of Eliminating OPT Would Hurt U.S. Economy”
- Yale OISS – “D/S Proposal Explainer for University Advisors”
FAQ — 25 Key Questions and Answers
Q1. What is OPT?
Optional Practical Training allows F-1 students to work in the U.S. for up to 12 months in their field after graduation.
Q2. What is STEM OPT?
A 24-month extension of OPT for graduates in designated STEM fields.
Q3. Who is eligible for OPT?
Full-time F-1 students who have completed at least one academic year and maintained status.
Q4. Can Trump end OPT without Congress?
Yes. OPT exists by regulation, not statute, so DHS can change or end it through rulemaking.
Q5. How soon could the rule take effect?
After publication, rules typically take effect in 30–60 days, though lawsuits could delay implementation.
Q6. Will current OPT holders lose their EADs?
Possibly not immediately. Past rules have included grandfather clauses, but text matters.
Q7. What happens to pending OPT applications?
Applications filed before the rule’s effective date are usually processed under old rules—unless otherwise stated.
Q8. How does the D/S rule affect OPT?
Fixed end-dates could shorten post-completion eligibility and require new USCIS extensions.
Q9. What is “cap-gap” relief?
It bridges OPT work authorization until H-1B start date (Oct 1). New rule could limit this.
Q10. What are the unemployment limits under OPT/STEM OPT?
90 days for regular OPT + 60 additional days for STEM OPT (total 150 days).
Q11. Can I travel while OPT is pending?
Risky. Travel is safer only after EAD approval with F-1 visa stamp, I-20 endorsed for travel, and job offer in hand.
Q12. What happens if I lose my job during OPT?
You have 90 days to find a new qualifying job or depart the U.S. to avoid violating status.
Q13. What is Form I-983?
The training plan required for STEM OPT—must outline duties, supervision, learning objectives, and employer attestation.
Q14. Can I change employers on OPT?
Yes, but each job must be directly related to your field and reported to your DSO and SEVIS record updated.
Q15. What are third-party placement restrictions?
STEM OPT rules ban placement at third-party sites not supervised by the employer on Form I-983.
Q16. Can unpaid work count for OPT?
Yes, for regular OPT (not STEM OPT), if the work is at least 20 hours/week and related to your degree.
Q17. What is the grace period after OPT ends?
60 days to prepare to depart, transfer, or change status.
Q18. Can I apply for OPT after graduation?
You must file within 60 days after your program end date.
Q19. What is the difference between CPT and OPT?
CPT is for work during study; OPT is post-completion. Full-time CPT > 12 months eliminates OPT eligibility.
Q20. Can I pursue a second degree to get another OPT?
Yes, each higher education level (Bachelor’s, Master’s, Doctorate) allows a new 12-month OPT period.
Q21. Will the new rule affect STEM OPT students abroad on cap-gap?
Possibly. Travel may be restricted or EAD voided depending on final rule language.
Q22. How will universities respond?
Most will file comments and possibly join lawsuits led by NAFSA and major research institutions.
Q23. Can employers join legal challenges?
Yes, business coalitions like the Chamber of Commerce often sue to protect workforce access.
Q24. What are my backup visa options if OPT ends?
- H-1B: specialty occupation
- O-1: extraordinary ability
- TN: Canada/Mexico professionals
- E-2: investor visa
- Cap-exempt H-1B: university/affiliate employment
Q25. How can I get help right now?
Schedule a consultation with an immigration attorney experienced in F-1/OPT strategy, like Richard T. Herman.
Call to Action
If you’re an F-1 or STEM OPT student facing uncertainty, don’t wait.
Book a consultation with Richard T. Herman for personalized legal guidance in Cleveland, Columbus, Dayton, Cincinnati, and nationwide.