H-1B visa row: US Tech Workers seek end to foreign student work permits, 'Universities selling work permit not education'

As the inauguration of President-elect Donald Trump approaches on January 20, supporters have set their sights on the Optional Practical Training (OPT) program, a vital resource for international students, especially those from India seeking H-1B visas. Critics argue that the program is "killing jobs for new American college graduates."

The OPT program permits international students in the United States to work temporarily after graduation, serving as a crucial pathway for those aiming to secure H-1B work visas. This program has emerged as a controversial issue in the national conversation surrounding immigration and the labour market.

The US Tech Workers group has been particularly vocal in its opposition, labelling the OPT scheme as a "guest worker program masquerading as an internship" for foreign students. In a recent post on social media platform X, they argued, "Universities are selling work permits instead of education. Created illegally like DACA (Deferred Action for Childhood Arrivals), Trump should end OPT to protect American college grads from unfair competition."

While Trump's initial campaign rhetoric primarily targeted low-skilled and unauthorised immigration, his supporters have broadened their focus to include H-1B visas. They contend that these visas, which are predominantly held by Indian nationals, displace American workers and pose risks to the integrity of Western employment.

Trump, Musk, Ramaswamy defend OPT

Conversely, Trump and influential figures like Elon Musk and Vivek Ramaswamy have defended the OPT and H-1B programs, emphasising the necessity of attracting skilled foreign talent in response to a shortage of engineers in the U.S. job market.

The OPT program remains a favourable avenue for international students, particularly those on F-1 visas, allowing them to work for up to 12 months with an opportunity for a 36-month extension for graduates in science, technology, engineering, and mathematics (STEM) fields. 

Indian students represent the largest demographic of international students in the U.S., heavily relying on the OPT program as a means to access professional opportunities and secure H-1B visas. In the current academic year, approximately 97,556 Indian students, accounting for 29% of all Indian international students, are enrolled in OPT, a significant increase from 69,062 the previous year.

Critics of the program, however, argue that it undermines job opportunities for American citizens, particularly within the STEM extension. In 2023, the Washington Alliance of Technology Workers (WashTech) challenged the program in court, alleging it harms American workers. The U.S. Supreme Court declined to review the case, effectively upholding a lower court ruling that affirmed the legality of the OPT program.

The backlash against OPT is partly rooted in its expansion during the Obama administration, which increased the STEM extension from 29 to 36 months. Supporters of Trump view this change as a loophole that enables international students to vie for jobs meant for American citizens, fueling the ongoing debate over skilled worker immigration in the United States.