1947: Student practical training Since before Congress enacted the
Immigration and Nationality Act of 1952 (INA), the executive branch under every president from
Harry S. Truman onward has interpreted enduring provisions of the immigration laws to permit foreign visitors on student visas to complement their classroom studies with a limited period of postcoursework Optional Practical Training (OPT). A 1947 rule allowed foreign students "admitted temporarily to the United States … for the purpose of pursuing a definite course of study" to remain here for up to eighteen months following completion of coursework for "employment for practical training" as required or recommended by their school "for a six-month period subject to extension for not over two additional six-month periods". The
Immigration and Naturalization Service created the program without prior public comment or notice. The 1990 Immigration Act originally created a time-limited employment pilot program for foreign students on visas.
2008: Introduction of the STEM OPT Extension The STEM extension was announced in an interim rule by
Department of Homeland Security Secretary
Michael Chertoff on April 2, 2008, published in the
Federal Register issue of Tuesday, April 8, 2008. This policy changes shaped foreign students' decision to decide and obtain a STEM degree. In addition, foreign students were 18% more likely to have a STEM field degree following the 2008 policy change. In addition, the likelihood that a foreign student completes a STEM master's degree rose 33%.
2008: Challenge from Immigration Reform Law Institute (IRLI) The OPT STEM extension announced in April 2008 was challenged in a lawsuit by the
Immigration Reform Law Institute filed on May 29, 2008. The organization filed a lawsuit in federal court on behalf of various organizations and individuals challenging the validity of the 17-month OPT extension. On August 5, 2008, the lawsuit was rejected by a
New Jersey district court judge.
2014: Obama Administration Changes A November 20, 2014 memo by
Department of Homeland Security Secretary Jeh Charles Johnson outlining proposed executive action on immigration endorsed by President
Barack Obama included some suggested changes to the OPT program. The proposals were discussed and critiqued in
National Law Review.
2014: Challenge in November In August 2015, a US federal court gave the green light to a lawsuit challenging the 17-month OPT STEM extension, filed by the
Washington Alliance of Technology Workers and three IT workers who claimed that the OPT STEM extension had created unfair low-wage competition that had materially hurt them. On August 12, 2015, the United States District Court for the District of Columbia vacated the 2008 OPT Regulations but stayed the order until February 12, 2016, to allow DHS to provide a transition. The court therefore gave the federal government a deadline and an extension to formulate new rules.
2016: New STEM OPT Extension Rule The proposed rules suggested in the November 20, 2014 memo by DHS Secretary
Jeh Johnson were finalized by DHS on March 9, 2016, to be effective May 10, 2016, just in time to address the November 2014 court challenge to the original STEM extension. USCIS expanded the STEM extension to two years. The agency did add a requirement that the employer attest to the non-displacement of U.S. workers, to address concerns raised in the STEM extension lawsuit challenge.
2020: Trump Administration OPT Limitation Proposal In April and May 2020, in response to the
COVID-19 pandemic and the
increase in unemployment due to the
pandemic and associated government lockdowns, the administration of President
Donald Trump was reported to be exploring new restrictions on OPT. However, the Trump administration ultimately left out OPT from his executive actions due to White House Deputy Chief of Staff for Policy Coordination
Chris Liddell rallying universities against any restrictions on the program.
2025: Second Trump Administration and Site Visits Although DHS has possessed the authority to conduct site visits at the locations of employers training F-1 students on STEM OPT extensions (years 2 and 3 of OPT) since 2016, enforcement was initially limited. Upon the start of the second Trump administration in 2025, however, the frequency and scope of these site visits experienced a sharp ramp-up, including surprise home visits for graduates working remotely. == Criticism ==