Keep Innovators in America Act
- Sponsor
- Rep. Liccardo, Sam T. [D-CA-16]
- Committees
- Judiciary Committee (primary)
- Last action
- Mar 19, 2026
Bottom line
The bill aims to provide statutory backing for existing Optional Practical Training and status extension policies for international students, reducing reliance on administrative regulations.
What it actually does
This bill amends the Immigration and Nationality Act to explicitly codify the Optional Practical Training (OPT) program, allowing F-1 international students to undertake practical training and receive employment authorization related to their field of study, including after degree completion. It also allows F-1 students to maintain their student status while an immigrant visa petition (e.g., for a green card) is pending or approved, provided their course of study remains consistent with existing regulations.
Proponents argue
Proponents argue that codifying OPT provides stability and certainty for international students and U.S. employers, ensuring that highly skilled graduates can contribute to the American economy and innovation ecosystem without fear of policy changes. They emphasize that retaining these innovators is crucial for U.S. competitiveness and economic growth.
Opponents contend
Opponents might argue that codifying OPT could potentially exacerbate competition for jobs with American graduates, especially in certain fields, and that the program should remain flexible under administrative control to adapt to changing labor market conditions or national interests. Some may also raise concerns about the potential for abuse or the need for more stringent oversight if the program is enshrined in statute.
The bill text is very short and can be read quickly, but its implications require understanding complex immigration regulations.
Section 2, page 1
Codification of Optional Practical Training (OPT) and Status Maintenance during Immigrant Petition Processing
This provision amends federal immigration law to explicitly allow international students (F-1 visa holders) to participate in practical training and receive work authorization related to their academic field, even after they have finished their degree. It also ensures that these students can keep their F-1 student status while their application for a green card (immigrant petition) is being processed, as long as they continue to follow rules about their course of study. This moves these programs from being solely regulatory to being part of federal statute.
Supporters argue
Supporters argue that codifying OPT and related status provisions provides much-needed legal certainty for international students and the U.S. businesses that employ them, particularly in critical STEM fields. This stability encourages top global talent to study and work in the U.S., fostering innovation and economic growth, rather than taking their skills to competitor nations.
Critics contend
Critics might contend that codifying these programs removes necessary flexibility for the Department of Homeland Security to adjust policies based on economic conditions or national security concerns. They may also argue that these programs, while beneficial for some, can be perceived as contributing to competition for jobs that could otherwise go to U.S. citizens or permanent residents.
Tradeoffs
The bill balances the desire to attract and retain global talent for U.S. innovation and economic competitiveness against concerns about potential impacts on the domestic labor market and the flexibility of immigration policy. It also navigates the tension between administrative discretion and statutory certainty in immigration matters.
The bill allows an F-1 student to maintain student status if they are the beneficiary of a pending or approved petition filed pursuant to section 204(a)(1), provided their course of study is consistent with section 214(m).
Section 2, page 1, line 10
Why it matters:Referencing existing INA sections is standard legislative practice for brevity and to integrate new language into the existing legal framework. However, it requires specialized knowledge to fully grasp the scope.
Case for: Supporters argue this provides a crucial bridge for international students who are in the process of applying for permanent residency, allowing them to continue their contributions to the U.S. economy and society without interruption. It prevents a 'brain drain' of individuals who have already invested significant time and resources in the U.S.
Case against: Critics might argue that extending student status during a green card application process could be seen as an overly generous benefit, potentially allowing individuals to remain in student status for extended periods while pursuing permanent residency, which might not align with the original intent of the F-1 visa.
Estimated impact: This provision formalizes a pathway for thousands of F-1 students annually to transition from temporary student status to potential permanent residency, impacting their career trajectories and the U.S. workforce.