To amend the Immigration and Nationality Act to codify the Optional Practical Training program.
- Sponsor
- Rep. Foushee, Valerie P. [D-NC-4]
- Committees
- Judiciary Committee (primary)
- Last action
- May 7, 2026
Bottom line
This bill codifies and significantly expands post-graduation work opportunities for international students, particularly those in STEM and nursing fields, by extending their Optional Practical Training periods.
What it actually does
This bill codifies the Optional Practical Training (OPT) program for F-1 student visa holders, allowing them to work in their field of study after graduation. It establishes a standard 24-month OPT period and significantly expands it to 48 months for students in Science, Technology, Engineering, and Mathematics (STEM) fields. Additionally, it mandates that nursing be designated as a STEM field for the purpose of this extended OPT.
Proponents argue
Proponents argue that codifying OPT provides much-needed stability and certainty for international students and educational institutions, preventing program changes via administrative action. They contend that extending OPT, especially for STEM and nursing graduates, helps retain highly skilled talent in the U.S., addresses critical workforce shortages in key sectors, and enhances American competitiveness by allowing these graduates to contribute to the economy and innovation.
Opponents contend
Opponents might argue that expanding OPT could potentially displace American workers or depress wages in certain sectors by increasing the supply of foreign labor. They may also raise concerns about the integrity of the program, suggesting that it could be exploited by some employers or students, and question the long-term impact on the domestic labor market without more comprehensive immigration reform.
The bill is very short and straightforward, making it highly accessible for any reader to understand its core provisions quickly.
Section 1(a)
Inclusion of Practical Training in Course of Study Definition
This section amends the definition of an F-1 nonimmigrant's 'course of study' to explicitly include practical training and employment authorization. This change ensures that post-completion work experience, currently allowed under the Optional Practical Training (OPT) program, is formally recognized as an integral part of an international student's educational journey under immigration law.
Supporters argue
Supporters argue this codification provides legal clarity and stability to the OPT program, which has historically operated under regulatory authority. This reduces uncertainty for students and institutions, ensuring that practical training is unequivocally recognized as part of an F-1 student's educational experience.
Critics contend
Critics might argue that this codification, while seemingly technical, is the first step in expanding a program that they believe already contributes to labor market issues. They may contend that it formalizes a pathway for foreign graduates that should be re-evaluated rather than enshrined in statute.
Tradeoffs
The tension lies between providing legal certainty for an existing program and addressing concerns about its broader economic and labor market implications.
Section 1(b), adding Section 214(m)(3)(A)
Standard Optional Practical Training Period
This provision formally establishes a period of up to 24 months for Optional Practical Training (OPT) for F-1 student visa holders. This employment authorization must be directly related to the student's field of study. This codifies the general duration of OPT, which has traditionally been 12 months with a 12-month extension for certain circumstances, into statute.
Section 1(b), adding Section 214(m)(3)(B)
Extended STEM Optional Practical Training Period
This provision significantly expands the Optional Practical Training (OPT) period for F-1 student visa holders who have pursued or completed a full course of study in a Science, Technology, Engineering, or Mathematics (STEM) field. These students would be eligible for up to 48 months of employment authorization, provided the employment is directly related to their STEM field of study.
Section 1(c)
Inclusion of Nursing in STEM Designation
This section mandates that the Secretary of Homeland Security take necessary actions to classify nursing as a Science, Technology, Engineering, or Mathematics (STEM) field. This designation would make nursing graduates eligible for the extended 48-month Optional Practical Training (OPT) period established for other STEM fields under the bill.