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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.

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