On March 19, 2026, a bipartisan group of lawmakers introduced legislation that could fundamentally alter the legal foundation of one of the most consequential — and contested — programs in U.S. immigration policy.
Representatives Sam Liccardo (D-CA), Jay Obernolte (R-CA), and Raja Krishnamoorthi (D-IL) introduced the bipartisan "Keep Innovators in America Act" (H.R. 8013), which would formally codify the Optional Practical Training (OPT) program, giving it explicit congressional authorization.
The bill, now
referred to the House Committee on the Judiciary
, arrives at a moment of acute uncertainty for the nearly half-million international students and graduates who depend on OPT to build careers in the United States after completing their studies at American institutions.
Why Codification Matters Now
The OPT program has existed for decades —
for more than three decades, administrations from both parties have issued rulemaking to maintain the OPT program
— but it has never been enshrined in statute. Instead, it operates entirely through Department of Homeland Security (DHS) regulations.
OPT is not created by Congress — it exists only via regulation
, which makes it uniquely vulnerable to executive action.
That vulnerability is no longer theoretical.
The Trump administration has signaled that it may attempt to restrict or even eliminate OPT. This legislation would help prevent them from ending the program through executive order.
In November 2025,
Forbes revealed DHS is drafting a stand-alone rule to eliminate or restrict OPT/STEM OPT.
And during his May 2025 confirmation hearing,
Trump's USCIS nominee Joseph Edlow told the Senate Judiciary Committee that he would end Optional Practical Training.
Under the current regulations, F-1 students are eligible for one year of OPT in connection to their recent completion of their higher education program; however, DHS may withdraw those regulations and require that F-1 students change status or leave the U.S. at the end of their programs. Congress's codification of the OPT program would protect the program from future withdrawal.
What the Bill Would Do
The bill would amend the Immigration and Nationality Act to codify the Optional Practical Training program.
By writing OPT into the law itself, the legislation would remove the executive branch's ability to unilaterally dismantle the program through regulatory action.
By codifying the OPT program into law, the bill seeks to provide more clarity and stability for both international students considering studying in the U.S. and the businesses looking to benefit from their expertise.
Currently,
OPT allows international students who are studying at or have graduated from U.S. universities and colleges to remain in their F-1 student status and be authorized to work for a U.S. employer in their field of study. Students in any field can apply for "post-completion" OPT for up to 12 months, while those with a STEM degree can get an additional two-year "STEM extension," for a total of 36 months of work authorization and training.
Broad Coalition of Support
The bill has garnered endorsements from across the higher education, technology, and immigration policy landscape.
FWD.us has officially endorsed the legislation, alongside 17 other leading industry and higher education organizations.
The "U.S. for Success Coalition," a group of more than 50 organizations, supports the bill, with an endorsement list that includes the Compete America Coalition, Technet, the Information Technology Industry Council (ITI), AILA, the Presidents' Alliance on Higher Education and Immigration, the Council of Graduate Schools, and NAFSA.
Rep. Liccardo framed the issue in stark competitive terms:
"We have a choice: educate the best and brightest students in the U.S. to help America succeed, or send them home to China, India, and other rivals to launch companies to compete against us."
Rep. Obernolte emphasized national interest, stating that
"at a time of intensifying global competition, it is not in our national interest to educate the world's most talented students in American institutions only to send them abroad to compete with us."
Benjamin Johnson, Executive Director of the American Immigration Lawyers Association (AILA), noted that international students
"contribute more than $40 billion annually to the U.S."
economy and support hundreds of thousands of American jobs.
The Economic Stakes
The numbers underscore the program's significance.
In the 2024–2025 academic year alone, international students contributed $42.9 billion to the U.S. economy.
The number of nonimmigrants authorized for OPT rose to 418,781 in calendar year 2024.
According to Presidents' Alliance deputy director of federal policy Zuzana Wootson, more than 290,000 international students pursued OPT in academic year 2024/25, many in STEM fields.
Research paints a dire picture of what eliminating the program could mean.
The Business Roundtable estimates that curbing OPT could cost 443,000 jobs over a decade, including 255,000 jobs held by U.S.-born workers, and lead to declines in hourly wages across all employees and in GDP.
Separately,
estimates from the Institute for Progress suggest that its elimination could cause annual losses of $220 billion–$440 billion within the next 10 years.
Economists have extensively studied the effects of eliminating OPT: It would cause permanent losses to US innovation, productivity, economic growth, and job opportunities for both less-educated native workers and more educated native workers.
Warning Signs for International Enrollment
The uncertainty surrounding OPT is already having measurable consequences.
F-1 visas plunged by 36% between May and August of 2025
, and
about 60% fewer F-1 visas were given to Indian students
compared to the same period in 2024.
A Fall 2025 IIE finding showed that 92% of institutions reported that if OPT was not available, international students would likely look to other destinations
— up from 84% in the prior year's survey.
Practical Implications for Students and Employers
For international students currently on OPT or considering studies in the United States, the bill's introduction offers a potential path toward stability — but uncertainty remains in the near term.
This bill has not yet picked up significant support in the House of Representatives or Senate.
The bill is in the first stage of the legislative process.
Its prospects in a divided Congress remain uncertain, and the regulatory threat from DHS continues to loom in the background.
International students currently face uncertainty related to policy changes, adjudication trends, and employment sponsorship pathways.
Immigration attorneys widely recommend that affected students and employers take proactive steps now.
Students should begin long-term immigration planning early, including exploring employment-based sponsorship, extraordinary ability classifications, or investment-linked immigration strategies where appropriate.
For employers, the stakes are equally high.
Companies often rely on this talent pool for advanced skills in various sectors such as technology, healthcare, and engineering.
The OPT program not only helps the United States attract, educate, and retain these students, but it ensures that small businesses, startups, and research institutions have the talent they need to grow and innovate.
Looking Ahead
The Keep Innovators in America Act represents one of the most significant bipartisan efforts to protect international students' post-graduation work opportunities in recent memory. Whether it gains the legislative momentum needed to advance remains to be seen, but its introduction has already sent an important signal: lawmakers on both sides of the aisle recognize the critical role that OPT plays in sustaining American competitiveness.
As Compete America's Executive Director Scott Corley stated, the OPT program
"has played a key role in sustaining America's global technology leadership. For decades, OPT has helped ensure that the world's best STEM students—educated at U.S. universities—can contribute to our economy, strengthen our workforce, and drive innovation here at home rather than abroad."
For now, international students, higher education institutions, and employers should monitor developments closely, consult with experienced immigration counsel, and prepare contingency plans in the event the regulatory landscape shifts before Congress acts.
This article is for informational purposes only and does not constitute legal advice. For guidance on your specific immigration situation, please consult with a qualified immigration attorney.