Special Offer: Coming Soon!
Xender Facebook logo Linkedin logo Instagram logo Youtube logo
  (+1) 469 463 5461
WhatsApp
WhatsApp Message

US Poses Double Threat to Foreign Students? Major Change in OPT Programs

US Poses Double Threat to Foreign Students? Major Change in OPT Programs

In a recent update, the Department of Homeland Security has shared its new proposal to change two regulations for the F, J, and I visa categories. Sources have reported that these changes are going to be twofold: firstly, a replacement of the ‘duration of status’ category with the ‘Fixed time period’ category; and secondly, the introduction of the OPT Fair Tax Act.

These two new legislations, if passed, could constitute quite a double-trouble for the international students.

As one of the leading EB1 experts, here, we have highlighted what implications these two emergent changes can bear on international students.

All you need to know about the F, J, and I ‘duration of status’

DHS is looking to change the ‘duration of status’ into a ‘fixed time period’. The provision of ‘duration of status’ lets a person stay in the country as long as they remain a non-immigrant student.

However, the new proposition aims to impose on the non-immigrants, whether an F-1 visa holder or under other OPT programs, to leave the country after a pre-determined fixed period.

If the F, J, and I non-immigrants wish to remain in the United States beyond their authorized duration, they will have to apply for an extension of stay with the USCIS under the new reform. They can also choose to depart the country and apply for admission with CBP at a port of entry.

After the completion of the total authorized duration, students under the F-1 visa will have around 60 days to depart from the United States. The likely path you can take for the extension of stay could be another visa status, like H-1B temporary worker or O-extraordinary ability in art, business, or science. If you are looking for a more long-term and permanent path, you can also explore the EB-1 green card criteria.

The introduction of the OPT taxation

In yet another legislation, U.S. Senator Tom Cotton has introduced the ‘OPT Fair Tax Act’, which will oblige the foreign workers under the Optional Practical Training and their employers to pay FICA (Federal Insurance Contributions Act). Currently, the foreign students working under the OPT program are exempt from the FICA taxes.

According to a report by the Financial Express, Trump has also issued a memo further restricting the participation of students in the student visa exchange program: “No more than 15% of a university’s undergraduate student population shall be participants in the Student Visa Exchange Program, and no more than 5% shall be from any one country.”

As a committed EB-1A green card consultancy, we are staying updated on all the recent developments in the U.S. visa landscape by the hour. Stay tuned to GCEB1 for further insights and analytics.

Sources & further readings

Recent Post
Immigration Attorneys Show Ways to Prevent Visa Revocations Amidst Recent Surge: EB-1A Experts Explain

A group of immigration attorneys has recently come out to address a trend they have been noticing since the beginning of December: sudden revocations of U.S. Visas, particularly the H-1B. Prominent immigration attorney Rahul Reddy spoke in detail about the perplexity that surrounds this new trend.
Why The New Wage-Based H-1B Could Face Legal Backlash: Is It The New O-1?

The new H-1B visa rule remains one of the most important reforms amidst the crucial changes in the immigration policy under Donald Trump’s administration. Though the rule is going to be formally published and written down in the Federal Register today, much of it remains unclear and mysterious. Experts are already asking questions about whether the rule is going to supplant the old O-1 visa, and has even the potential to completely replace it.

Raja Krishnamoorthi’s Push for H-1B Reform: What His Bill Means for High-Skilled Immigrants

Indian-American Congressman Raja Krishnamoorthi has long been one of the most vocal advocates for high-skilled immigrant workers in the United States.

Canada Closes Ways for Parent, Grandparent Immigrations: Families Torn Apart

The Canadian administration put a harsh stop to the Parents and Grandparents Program (PGP) in 2026. In other words, it is continuing with a permanent pause as announced in the previous year.

US Commerce Secretary Hints at The End of H-1B: What You Need to Know

In a recent interview with Fox News’s The Ingraham Angle, US Commerce Secretary Howard Lutnik hinted at a possible plan to terminate the H-1B program. He commented ‘I'm involved in changing the H1-B visa program.
USCIS Announces New Centralized Vetting Center to ‘Keep America Safe'

In a recent Newsroom update on 5th December, Thursday, the U.S. Citizenship and Immigration Services announced a centralized establishment to fortify screening, and in their own language, ‘to keep America safe’.

Texas Governor Directs Freezing All H-1B Visa Petitions & Launches Investigation Into Visa Abuse

Texas Governor Greg Abbott has ordered a statewide H-1B visa freeze in a detailed letter to the public universities and the state agencies. As is well known, the program allows all foreign-born workers and students to legally reside and work in the United States. The statewide suspension of the H-1B visa has caused worries to many, as this move is thought to obstruct medical research and PhD programs that tend to rely heavily on the visa program to attract talent.

The Common EB-1A Red Flags You Need to Avoid at Any Cost

The EB-1A green card is often described as the fastest and most prestigious path to U.S. permanent residency. But what many applicants underestimate is how unforgiving USCIS scrutiny can be. An otherwise impressive profile can quickly collapse if it contains avoidable red flags, mistakes that experienced EB-1A experts see repeatedly in denied or RFE-heavy cases.

F-1 Visa Students in The U.S. Are Now Barred From Changing Courses

The F-1 visa students are set to face yet another new restriction, as the freshly admitted students will no longer have the privilege of transferring universities or changing courses immediately. They can only indulge in the changes after completing one year of study.
Relief to Indian Students? New USCIS Update Specifies H-1B Fee Exemptions

A most recent USCIS update has clarified what could be seen as one of the big reliefs yet for existing H-1 visa holders, including the Indians.