Gosar Pushes Fairness for High-Skilled Americans Act to End OPT Program

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Key Takeaways

Representative Paul Gosar reintroduced H.R. 2315 to terminate the Optional Practical Training (OPT) program, citing disadvantages for American workers.
OPT allows F-1 visa holders to work up to three years post-graduation and exempts employers from payroll taxes, reducing labor costs.
If enacted, H.R. 2315 will eliminate post-graduation OPT, impacting over 100,000 foreign graduates annually and U.S. competitiveness in global talent.

Representative Paul A. Gosar (AZ-09) has reintroduced H.R. 2315, known as the Fairness for High-Skilled Americans Act, a bill aimed at ending the Optional Practical Training (OPT) program. This program, designed for foreign students on F-1 visas, permits them to work in the United States for up to three years after completing their academic studies. According to Representative Gosar, the program disadvantages American workers, particularly in higher-skilled fields such as science, technology, engineering, and mathematics (STEM).

The crux of Gosar’s argument is that the OPT program, though administered by the United States Citizenship and Immigration Services (USCIS), was never authorized by Congress. He believes that this program has grown into an unfair mechanism that allows employers to hire foreign graduates more cheaply than Americans. “The OPT program completely undercuts American workers,” he remarked, emphasizing that it offers significant financial incentives to employers to favor foreign workers by making them exempt from payroll taxes such as Social Security and Medicare. This exemption can lower labor costs by 10-15 percent compared to hiring American workers.

Gosar Pushes Fairness for High-Skilled Americans Act to End OPT Program

The Background and Growth of OPT

The OPT program was expanded during President Obama’s administration to permit F-1 visa holders to remain in the United States and work for three additional years post-graduation. Since its expansion, the program has seen a remarkable rise in usage. According to research by the Pew Research Center, OPT grew by 400% between 2008 and 2016, with 1.5 million foreign graduates utilizing the program over that period. Its scale today allows over 100,000 foreign graduates annually to continue working in the United States, effectively circumventing the employment limitations established by the H-1B visa cap.

Moreover, critics like Paul Gosar argue that employers exploit this program to reduce costs while sidelining American workers. By not participating in payroll taxes, companies not only make savings on foreign hires but also contribute to an estimated $4 billion annual loss to the Social Security and Medicare trust funds. NumbersUSA, an organization focused on reducing immigration levels, also highlights this financial impact.

A Continuing Legislative Debate

This is not Gosar’s first attempt to end the Optional Practical Training program. He initially introduced the Fairness for High-Skilled Americans Act during the 116th Congress. His commitment to this issue extends beyond legislation; Representative Gosar has twice joined amicus briefs supporting lawsuits by American workers against the Department of Homeland Security (DHS) seeking OPT’s elimination.

Proponents of Gosar’s bill argue that the government should not implement policies perceived to incentivize the hiring of foreign talent over American workers. They assert that such programs exacerbate challenges for young Americans who invest tens of thousands of dollars in specialized education, only to face reduced opportunities within their fields. Gosar underscored this during his statement, asserting that “this badly flawed government program should be eliminated.”

However, the debate is not without controversy. While some support Gosar’s arguments that the program disadvantages Americans, others contend that OPT has been integral to attracting international talent and incentivizing foreign students to invest in U.S. higher education. U.S. institutions, particularly in STEM fields, have benefited significantly from international students who pursue advanced degrees, contributing innovation and skills to key industries. The potential termination of the OPT program may result in cascading effects on universities that rely on the enrollment of foreign students.

Legality and Policy Concerns

A central point in this debate revolves around the authorization—or lack thereof—of the OPT program. Critics like Gosar argue that the initiative bypasses Congress, effectively creating a guest worker program without proper legislative approval. Proponents of Gosar’s bill insist that it aligns with the principles of fairness and transparency in immigration policy, ensuring that policymakers properly regulate programs impacting the U.S. workforce.

On the other hand, supporters of OPT argue that it aligns with broader goals of enhancing the U.S.’s ability to compete globally in attracting and retaining skilled labor. They assert that providing temporary work opportunities for foreign students enhances the educational and professional appeal of the United States.

Broader Implications

If H.R. 2315 is enacted, it would not affect F-1 visa holders working in the United States while still in school. Instead, it would terminate the post-graduation work opportunities under the OPT program. Critics of the bill worry that its passage may diminish the U.S.’s competitiveness in retaining global talent. Currently, OPT provides a path for foreign students to gain U.S. work experience, which strengthens the appeal of American educational institutions and creates a bridge for businesses to engage with international expertise.

Conversely, proponents of the Fairness for High-Skilled Americans Act see it as a necessary correction of a flawed and unauthorized program. They emphasize that American workers must be prioritized and that eliminating OPT will reduce the financial strain on Social Security and Medicare systems, as foreign workers under the program are exempt from contributing to these programs.

Lawsuits and Legal Precedents

Legal challenges have also shaped the conversation around the OPT program. Gosar’s alignment with lawsuits filed by American workers signals broader concerns about the program’s legitimacy and impact, including questions about executive overreach.

Still, the program remains operational, and its future depends on congressional debate and legal challenges. Any legislative action to terminate OPT would require addressing transitional measures for current participants.

Conclusion

The Fairness for High-Skilled Americans Act seeks to address perceived inequities within the U.S. labor market by targeting the Optional Practical Training program. While the bill explicitly excludes restrictions on F-1 students working during their academic tenure, its passage would profoundly reshape post-graduation opportunities for foreign students in the United States. As discussions move forward, the broader implications on immigration policy, the economy, and U.S. competitiveness will remain integral considerations for lawmakers.

For more detailed information about the OPT program and its current regulations, visit the official USCIS Optional Practical Training page.

As always, individuals affected by these potential changes are encouraged to consult qualified legal experts to understand how any updates might impact their specific situation. For ongoing analysis and updates on this important issue, visit VisaVerge.com.

Learn Today

Optional Practical Training (OPT) → A U.S. program allowing F-1 visa students to work for up to three years after completing their studies.
F-1 Visa → A non-immigrant visa permitting foreign students to study full-time in the U.S. at accredited academic institutions.
STEM Fields → Academic disciplines of science, technology, engineering, and mathematics, often associated with high-skilled jobs and innovation.
Payroll Taxes → Mandatory contributions from employers and employees to government programs like Social Security and Medicare in the U.S.
H-1B Visa Cap → A limit on the number of temporary work visas issued annually to foreign workers in specialized occupations.

This Article in a Nutshell

Representative Paul Gosar reintroduced the Fairness for High-Skilled Americans Act, aiming to end the OPT program for foreign graduates. Critics argue it disadvantages American workers by exempting employers from payroll taxes. Supporters see OPT as vital for retaining global talent. Its fate sparks debate on fairness, immigration policy, and U.S. competitiveness.
— By VisaVerge.com