Proposed Immigration Rule to Restrict OPT Program: What International Students Should Know

The U.S. Department of Homeland Security (DHS) is preparing a new immigration rule that could severely limit—or even end—the Optional Practical Training (OPT) program, a cornerstone of post-graduation work authorization for international students.

According to multiple reports from Forbes and The Economic Times, the Trump administration is considering measures that would restrict employment opportunities for F-1 visa holders after completing their studies, citing concerns over job displacement and national security.

The potential rule—expected to surface for public comment in late 2025 or early 2026—would mark one of the most significant policy shifts in U.S. higher education and skilled-worker immigration in over a decade. For more than 20 years, OPT has enabled international graduates to gain U.S. work experience and transition into employment-based visa categories like H-1B.

Understanding the OPT Program

Under current law, OPT allows international students on F-1 visas to work in their field of study for up to 12 months, while graduates in STEM fields can apply for an additional 24-month extension, totaling three years of authorized employment.

But the new DHS proposal aims to “realign practical training with the academic purpose of student visas”, which may significantly narrow or eliminate post-graduation work rights altogether. Some reports suggest that the administration is reviewing whether foreign students’ post-study work opportunities have grown “beyond the original intent” of the program.

How This Affects the Broader Immigration Landscape

If implemented, this change could disrupt the traditional F-1 → OPT → H-1B → Green Card pipeline that many international graduates follow. Employers would face greater uncertainty in retaining global talent, and international professionals may find fewer opportunities to gain U.S. work experience after graduation.

This policy shift also serves as a warning sign for other employment-based immigration categories, reflecting an increasingly restrictive environment for work-authorized visas.

Why It Matters for EB-5 Investors

While the proposed rule directly targets the student community, it carries indirect implications for investors and professionals weighing their U.S. immigration options:

1. Reduced Reliance on Employment-Based Visas

OPT restrictions could make pathways like H-1B less accessible, leading many skilled individuals to explore EB-5 as a direct route to permanent residency without employer sponsorship.

2. Heightened Demand for Predictable Immigration Options

As temporary visa routes become less certain, EB-5 stands out for its long-term stability, allowing investors to secure green cards through capital investment rather than job-based sponsorship.

3. Timing and Strategy Alignment

Those currently studying or working under F-1/OPT status should evaluate their timeline early. If OPT extensions are curtailed, aligning your EB-5 investment and Adjustment of Status filing becomes even more critical.

4. Broader Policy Signal

This move fits a larger pattern of tightening work visa policies. For investors, it underscores the strategic advantage of a self-directed immigration path—one that remains resilient despite political shifts.

What You Can Do Now

✔ Stay Informed: Follow DHS announcements and Federal Register updates as the proposed rule approaches public comment.

✔ Consult Professionals Early: Immigration attorneys and EB-5 specialists can help align your strategy before these changes take effect.

✔ Evaluate Your Long-Term Goals: If your plan depends heavily on temporary work authorization, consider parallel pathways—such as EB-5—that provide lasting security.

✔ Plan for Flexibility: Ensure your investment, status, and family’s residency goals remain protected amid potential policy shifts.

Final Thought

As the U.S. government reconsiders the scope of student work programs, OPT’s uncertain future signals a broader tightening of immigration flexibility. While students and recent graduates may soon face fewer employment opportunities, EB-5 offers a clear and independent path toward U.S. permanent residency—one not dependent on employer sponsorship or changing visa categories.

Because Your Green Card Shouldn't Take A Lifetime.