September Relaunch: exclusive discounts coming soon
Xender Facebook logo Linkedin logo Instagram logo Youtube logo
  (+1) 469 463 5461
WhatsApp
WhatsApp Message
Perplexity ChatGPT Claude Gemini

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

Perplexity ChatGPT Claude Gemini
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
The Status of Employment-Based Visas for India in the January 2026 Visa Bulletin
The Status of Employment-Based Visas for India in the January 2026 Visa Bulletin

As the U.S. Department of State released the January 2026 Visa Bulletin, Indian professionals tracking their employment-based (EB) immigrant visa progress saw notable priority date movements in the Employment-Based categories.

Goodbye, Open-Ended Stay: US Student Visa Change Could Reshape Study Plans for Thousands of Indians
Goodbye, Open-Ended Stay: US Student Visa Change Could Reshape Study Plans for Thousands of Indians

A major change to America's student visa system is now just a regulatory step away from becoming reality and it could significantly alter how long Indian students are allowed to stay in the United States. The White House Office of Management and Budget has cleared a final rule from the Department of Homeland Security that would scrap the decades-old "Duration of Status" (D/S) framework for F-1 and J-1 visa holders, and replace it with a fixed admission period.

How Can Artists & Entertainers Qualify for The EB-1A Green Card?
How Can Artists & Entertainers Qualify for The EB-1A Green Card?

The EB-1A Green card has a stigma surrounding it: it is popularly conceived to be the resort for engineers, scientists and tech talents in general. Without a doubt, this misconception owes a great deal to the other name of this green card: Einstein Visa. However, not all Einsteins need to show their expertise in the realm of science and technical discipline. It is equally possible to be a pioneer in art and win your EB-1A green card.
A Nebraska Federal Court Questions USCIS’s Vague EB-1A “Final Merits” Denial: A Meaningful Shift in EB-1A Green Card?
A Nebraska Federal Court Questions USCIS’s Vague EB-1A “Final Merits” Denial: A Meaningful Shift in EB-1A Green Card?

When Anahita Mukherji’s EB-1A green card petition was denied despite USCIS agreeing she met five of the ten criteria, a Nebraska federal court took notice. On January 28, 2026, the U.S. District Court for Nebraska vacated the denial and ordered USCIS to approve her case. This rare step, in Mukherji v. Miller, directly challenges USCIS’s controversial two-step “final merits” review in EB-1A Extraordinary Ability cases.

Trump Administration Limits Time for Foreign Students in the U.S.
Trump Administration Limits Time for Foreign Students in the U.S.

The Trump administration is about to impose yet another immigration bottleneck on students, participants of the exchange programme, and media visa holders. The proposal aims to limit the time of students in the U.S. to no more than four years.
US Commerce Secretary Hints at The End of H-1B: What You Need to Know
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.
Texas Attorney Probes into Alleged H-1B Visa Frauds: Opponents Accuse MAGA Distortion
Texas Attorney Probes into Alleged H-1B Visa Frauds: Opponents Accuse MAGA Distortion

Last Wednesday, Texas Attorney General Ken Paxton brought out a public accusation of alleged abuse of the federal H-1B visa program. The public accusation explicitly targets what his office spoke of as fraudulent schemes that are devised to disadvantage U.S. workers.

Trump Administration Revives Public Charge Rule With Stricter Green Card Scrutiny
Trump Administration Revives Public Charge Rule With Stricter Green Card Scrutiny

The Trump administration has officially reinstated the controversial public charge rule that marks one of the most significant changes to employment and family-based immigration policy to date. The Department of Homeland Security (DHS) announced that the revised regulation will take effect on September 18, 2026. The public charge rule will restore a stricter framework for evaluating whether green card applicants are likely to become financially dependent on government assistance.
Canada Closes Ways for Parent, Grandparent Immigrations: Families Torn Apart
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.

U.S. Federal Judge Calls Out Unlawful Cancellation of F-1 Visa of an Indian Student
U.S. Federal Judge Calls Out Unlawful Cancellation of F-1 Visa of an Indian Student

Last Friday, a U.S. federal judge ruled that the cancellation of an Indian student’s F-1 visa was unlawful. The case has spotlighted controversial enforcement tactics that target minor past conduct. Due to debates around U.S. visa policy, the case has already gained a sensational status.