OPT Program 2026: Rules, Risks and Alternatives for Indian Students

Education Journalist | Study Abroad Strategy Lead | Updated On - Apr 18, 2026

Optional Practical Training (OPT) is the work authorisation that allows F-1 international students to work in the US for up to 12 months after graduation, extendable to 36 months for STEM graduates. It has existed since 1992 and has never been seriously threatened until now.

As of April 2026, OPT has not been eliminated. Indian students currently on OPT can continue working. But the regulatory environment around OPT has changed more in the past 12 months than in the previous 30 years combined. Two competing bills are active in Congress. The Trump administration's USCIS director has publicly stated his intent to end the programme. A DHS rulemaking is in progress.

This guide covers what OPT currently allows, the full threat timeline, what the two competing bills mean, and what Indian students applying now or currently on OPT should do differently in 2026.

Table of Contents

OPT Rules in 2026: What Indian Students Currently Get
How Central OPT Is to Indian Students in the US
The Full Threat Timeline: May 2025 to April 2026
Two Bills, Two Outcomes: What Each Means for Indians
Why OPT Can Be Eliminated Without Congress
What Indian Students Must Do Right Now
Alternatives If OPT Ends: Post-Study Work in Other Countries
FAQs

OPT Rules in 2026: What Indian Students Currently Get

OPT is a work authorisation tied to your F-1 student visa. It is not a separate visa. It allows you to work in a role directly related to your field of study for up to 12 months after graduation, with a 24-month extension available for STEM graduates.

The programme has two forms.

Pre-completion OPT allows you to work during your studies, limited to 20 hours per week during term time.
Post-completion OPT is the more commonly used form, allowing full-time work after graduation.

Most Indian students use post-completion OPT as the bridge between their F-1 student status and an H-1B work visa.

OPT Type	Duration	Work Hours	Who Uses It
Pre-Completion OPT	Up to 12 months (deducted from total)	20 hours per week during term, full-time during breaks	Students wanting work experience before graduation
Post-Completion OPT	12 months	Full-time (40 hours per week)	Most Indian graduates after completing their degree
STEM OPT Extension	Additional 24 months (total 36 months)	Full-time with qualifying STEM employer	STEM graduates seeking more time before H-1B lottery

To qualify for OPT, you must hold a valid F-1 student visa, be enrolled in or have completed a degree programme at an SEVP-certified school and have been enrolled full-time for at least one academic year. You apply using Form I-765 through USCIS. Processing takes 90 to 150 days. Apply up to 90 days before your graduation date.

For STEM OPT, your degree must be on the DHS STEM Designated Degree Programme List and your employer must be enrolled in E-Verify. You can receive a maximum of two STEM OPT extensions in your lifetime, providing up to 72 months of total OPT if you hold two qualifying STEM degrees.

How Central OPT Is to Indian Students in the US

Indian students are the single largest group in the OPT programme. Nearly half of all STEM OPT participants in the US are Indian nationals. For most Indian STEM graduates, OPT is not optional. It is the only viable bridge to an H-1B work visa.

The sequence that the overwhelming majority of Indian STEM graduates follow is:

F-1 Student Visa → Post-Completion OPT (12 months) → STEM OPT Extension (24 months) → H-1B Lottery.

Without OPT, a student graduating in May 2026 would need to either leave the US or find an employer willing to immediately sponsor an H-1B, a process that takes months and is subject to an annual lottery with no guarantee of selection.

Metric	Figure	Source
Indian students enrolled in US (2024/25)	3,63,019	Open Doors Report 2024/25
Indian students on OPT (2024/25)	1,43,740	Open Doors Report 2024/25
Total STEM OPT participants (2024)	1,65,524	DHS SEVIS by the Numbers 2024
Indian share of STEM OPT participants	48% (approximately 79,000)	DHS SEVIS by the Numbers 2024
STEM PhD graduates enrolling in OPT	76%	DHS SEVIS by the Numbers 2024
International student contribution to US economy	USD 42.9 billion (2024/25)	NAFSA Economic Value Tool 2025

The economic argument for OPT is significant. Over 50 organisations including Compete America, TechNet, AILA, NAFSA and the Council of Graduate Schools have endorsed legislation to protect OPT, citing its role in keeping US-educated talent in the country and supporting American innovation.

The Full Threat Timeline: May 2025 to April 2026

OPT has existed since 1992 under both Republican and Democratic administrations without serious challenge. That changed in 2025. Here is the complete timeline of events that have put OPT at risk.

Date	Event	Significance
May 2025	Joseph Edlow, Trump's USCIS director nominee, tells Senate confirmation hearing he intends to end OPT, calling it "mishandled"	First direct statement from a confirmed USCIS director of intent to eliminate OPT
August 2025	DHS publishes proposed rule in Federal Register to end "Duration of Status" for F-1 students, replacing it with fixed visa end dates	Structural change that makes OPT more vulnerable to elimination by removing the open-ended status framework
September 2025	Trump issues proclamation raising H-1B visa fees to USD 100,000 per application for employers	Disproportionately affects small employers and startups that hire Indian STEM OPT graduates, reducing H-1B sponsorship incentive
November 2025	Forbes reports Trump administration is considering a rule to eliminate or severely restrict OPT, potentially as early as early 2026	First credible media report of imminent rulemaking. Triggers widespread anxiety among Indian students
November 2025	DHS confirms it is re-evaluating OPT and STEM OPT and references a Spring Unified Agenda rulemaking	Official government confirmation that a rule change is in progress
March 2025	H.R.2315 (Fairness for High-Skilled Immigrants Act) introduced in 119th Congress to eliminate OPT entirely	First active Congressional bill to eliminate OPT. Referred to House Judiciary Committee
March 2026	Keep Innovators in America Act (H.R.8013) introduced by Representatives Liccardo, Obernolte and Krishnamoorthi to codify OPT into federal law	First active Congressional bill to protect OPT by statute. Endorsed by 50 organisations
April 2026	OPT remains active. No rule change has been implemented. Both bills are in committee	Current status: OPT is operational but under active regulatory review

The critical point: no changes to OPT have been made as of April 2026. Students currently on OPT are working legally. But the combination of a USCIS director committed to ending the programme, an active DHS rulemaking and a competing elimination bill means the threat is real and the timeline is uncertain.

Two Bills, Two Outcomes: What Each Means for Indians

Two competing bills are currently active in the 119th Congress. One would eliminate OPT entirely. The other would protect it by codifying it into federal law for the first time. Neither has passed as of April 2026.

Bill	Introduced	Goal	Current Status	Impact on Indians
H.R.2315 (Fairness for High-Skilled Immigrants Act)	March 2025	Eliminate OPT entirely unless Congress expressly authorises it	Referred to House Judiciary Committee. No vote scheduled	Catastrophic. 1.43 lakh Indians lose post-study work authorisation. H-1B bridge collapses
H.R.8013 (Keep Innovators in America Act)	March 2026	Codify OPT into the Immigration and Nationality Act, protecting it from executive elimination	Introduced. Bipartisan support. No committee vote scheduled	Positive. OPT secured by statute. 12-month standard and 24-month STEM extension preserved

Note: Source: Congress.gov H.R.2315 and H.R.8013 bill text and actions, AILA Keep Innovators in America Act endorsement statement, March 2026.

The practical reality: neither bill is likely to pass quickly. The elimination bill (H.R.2315) faces strong opposition from the tech industry, universities and bipartisan lawmakers. The protection bill (H.R.8013) has broad endorsement but no Senate companion bill yet. The more immediate risk is not Congressional action but executive rulemaking by DHS, which does not require Congressional approval.

Why OPT Can Be Eliminated Without Congress

This is the most important thing Indian students do not understand about the OPT threat. OPT has never been written into law. It exists entirely as an executive regulation. The Trump administration can eliminate it through a rulemaking process without a single Congressional vote.

OPT was created in 1992 by the Immigration and Naturalization Service (INS) through regulatory action under the Immigration and Nationality Act. It has been modified and expanded multiple times since then, including the STEM OPT extension added in 2008, all through executive regulation. No act of Congress has ever explicitly authorised OPT.

This is precisely why the Keep Innovators in America Act exists. Its entire purpose is to move OPT from an executive regulation to a statutory programme. Until that happens, any administration can eliminate OPT by publishing a final rule in the Federal Register after a notice-and-comment period.

The process for eliminating OPT through rulemaking would be:

DHS publishes a Notice of Proposed Rulemaking (NPRM) in the Federal Register
A public comment period of 30 to 60 days follows
DHS reviews comments and publishes a Final Rule
The rule takes effect after a specified implementation period (typically 30 to 180 days)
The rule can be challenged in federal court but remains in effect during litigation unless a court issues an injunction

This process can be completed in as little as 3 to 6 months. No Congressional vote is required at any stage.

What Indian Students Must Do Right Now

The right response to OPT uncertainty is not panic. It is planning. Here is what Indian students in three different situations should do differently in 2026.

If You Are Currently on OPT or STEM OPT

Continue working. OPT is active and your authorisation is valid until its expiry date. No changes have been made as of April 2026
Apply for STEM OPT extension immediately if you have not already done so and your degree qualifies. This gives you up to 24 additional months and two more H-1B lottery attempts
Prioritise H-1B sponsorship conversations with your employer now. Do not wait until your OPT is close to expiry
Consult an immigration attorney if your OPT expires in 2026 and your H-1B status is unresolved

If You Are Graduating in 2026

File Form I-765 up to 90 days before graduation. Processing takes 90 to 150 days. Do not delay
Confirm your programme's STEM designation before graduation. Not all STEM-sounding programmes are on the DHS STEM Designated Degree Programme List
Target employers enrolled in E-Verify from the start of your job search. STEM OPT requires an E-Verify employer
Build a contingency plan in case OPT rules change before your STEM extension is approved

If You Are Applying to US Universities for Fall 2026 or Later

Do not assume OPT will exist when you graduate. A 2-year Master's starting Fall 2026 ends in 2028. The regulatory environment may be different by then
Prioritise STEM-designated programmes over non-STEM programmes. If OPT is restricted rather than eliminated, STEM OPT is more likely to survive in some form
Research employer H-1B sponsorship track records in your target field before choosing a university or programme
Evaluate alternative destinations as a genuine backup, not just a fallback. Germany, Canada and the UK all offer post-study work pathways that do not depend on a single regulatory decision

Alternatives If OPT Ends: Post-Study Work in Other Countries

If OPT is eliminated or severely restricted, Indian students need a post-study work pathway that does not depend on a single executive regulation. Germany, Canada and the UK all offer statutory post-study work rights that cannot be removed by a single administrative decision.

The comparison below is relevant for students currently deciding between the US and other destinations, and for students mid-course in the US who are building contingency plans.

Country	Post-Study Work Pathway	Duration	Legal Basis	Employer Dependency
USA (OPT)	Optional Practical Training	12 months (36 months STEM)	Executive regulation (vulnerable)	Must work in field of study. STEM OPT requires E-Verify employer
Germany	18-month Job Seeker Visa after graduation	18 months	Residence Act (statutory)	No employer required during job search period
United Kingdom	Graduate Route Visa	2 years (3 years for PhD)	Immigration Rules (statutory)	No employer required. Open work rights
Canada	Post-Graduation Work Permit (PGWP)	Up to 3 years	Immigration and Refugee Protection Regulations	No employer required. Open work rights
Australia	Temporary Graduate Visa (subclass 485)	2 to 4 years	Migration Regulations (statutory)	No employer required. Open work rights

Note: Sources: German Residence Act Section 20, UK Home Office Graduate Route guidance 2026, IRCC PGWP eligibility 2026 and Australian Department of Home Affairs subclass 485 guidance.

The key structural difference: Germany, UK, Canada and Australia all have post-study work rights written into statute or formal immigration rules. They cannot be eliminated by a single executive decision the way OPT can. Germany's 18-month job seeker visa is particularly relevant for Indian STEM graduates because it requires no employer at the time of application and leads directly to the EU Blue Card, which provides a fast track to permanent residency in 21 months.

For Indian students mid-course in the US, the UK is the most practical immediate alternative if OPT is eliminated. Many UK universities accept credit transfers from accredited US universities and the one-year Master's format means you can complete your degree with minimal additional time.

Also Check: UK vs Germany for Indian Students 2026: Which is Better?

FAQs

Ques. Has OPT been eliminated in 2026?

Ans. No. As of April 2026, OPT has not been eliminated or restricted. Indian students currently on OPT can continue working legally. The threat comes from an active DHS rulemaking process and two competing Congressional bills, but no rule change has been implemented. Monitor updates from your university's international student office and USCIS.gov for any changes.

Ques. Why can OPT be eliminated without Congress?

Ans. OPT has never been written into law. It exists as an executive regulation created by the Immigration and Naturalization Service in 1992. Any administration can eliminate it through a rulemaking process: publishing a Notice of Proposed Rulemaking, accepting public comments and publishing a Final Rule. No Congressional vote is required. This is why the Keep Innovators in America Act (H.R.8013) was introduced in March 2026 to codify OPT into the Immigration and Nationality Act for the first time.

Ques. What is the STEM OPT extension and is it at risk?

Ans. The STEM OPT extension gives graduates with qualifying STEM degrees an additional 24 months of work authorisation after their standard 12-month OPT, for a total of 36 months. It requires a qualifying employer enrolled in E-Verify. STEM OPT is at higher risk than standard OPT because it was added through executive regulation in 2008 and has been specifically targeted by the Trump administration's USCIS director. If any restriction is implemented, STEM OPT is more likely to be affected first.

Ques. What should Indian students currently on OPT do right now?

Ans. Continue working. Your authorisation is valid until its expiry date. If you have not applied for the STEM OPT extension and your degree qualifies, apply immediately. This gives you up to 24 additional months and two more H-1B lottery attempts. Prioritise H-1B sponsorship conversations with your employer now rather than waiting until your OPT is close to expiry. Consult an immigration attorney if your OPT expires in 2026 and your H-1B status is unresolved.

Ques. What is the Keep Innovators in America Act?

Ans. The Keep Innovators in America Act (H.R.8013) is a bipartisan bill introduced on March 19, 2026 by Representatives Sam Liccardo, Jay Obernolte and Raja Krishnamoorthi. It seeks to codify OPT into the Immigration and Nationality Act for the first time, moving it from an executive regulation to a statutory programme that requires an act of Congress to change or eliminate. It has been endorsed by over 50 organisations including AILA, NAFSA, Compete America and TechNet. As of April 2026, it has not been scheduled for a committee vote.

Ques. Should Indian students still apply to US universities given the OPT uncertainty?

Ans. The decision depends on your risk tolerance and contingency planning. If you are starting a 2-year Master's in Fall 2026, you will graduate in 2028. The OPT regulatory environment may be different by then. Prioritise STEM-designated programmes, research employer H-1B sponsorship track records in your target field and build a genuine contingency plan around Germany, Canada or the UK. Do not apply to the US assuming OPT will exist in its current form when you graduate.

Ques. What are the best alternatives to OPT for Indian students?

Ans. Germany's 18-month job seeker visa after graduation requires no employer at the time of application and leads to the EU Blue Card with a fast track to permanent residency in 21 months. The UK Graduate Route gives 2 years of open work rights after graduation with no employer required. Canada's Post-Graduation Work Permit gives up to 3 years of open work rights. All three are written into statute and cannot be eliminated by a single executive decision the way OPT can.

Ques. What is H.R.2315 and how serious is it?

Ans. H.R.2315 (Fairness for High-Skilled Immigrants Act) is a bill introduced in March 2025 in the 119th Congress that would eliminate OPT entirely unless Congress expressly authorises a replacement programme. It has been referred to the House Judiciary Committee but has not been scheduled for a vote. It faces strong opposition from the tech industry, universities and bipartisan lawmakers. However, its existence alongside the DHS rulemaking process means the threat to OPT is coming from multiple directions simultaneously.