Upon Senator Schmitt’s Request, DHS Commits to Review and Re-Evaluate OPT Program

Commitment Comes After Schmitt’s Letter Outlining Severe Problems with OPT Program

U.S. SENATE — After Senator Schmitt sent a letter to the Department of Homeland Security outlining severe problems within the Optional Training Practice (OPT) program, Secretary Krist Noem wrote back committing to re-evaluate the program. 

The OPT Program is a work benefit tied to the standard student visa that was created without congressional authorization. This benefit allows foreign nationals to work in the U.S. for up to twelve months after finishing their degrees (STEM graduates are allowed an additional twenty-four-month extension). As Senator Schmitt outlined in his letter, the program has transformed to effectively act as a pipeline for foreign cheap labor that serves the financial interests of large corporations and academic institutions at the expense of American workers, especially recent graduates.

“Today, however, the [OPT] program functions as a cheap-labor pipeline for big business—and a backdoor into the U.S. job market for foreign workers. OPT serves the financial interests of large corporations and academic institutions at the direct expense of young American workers and students. This system boxes young Americans out of the workforce, discriminates against American workers in favor of foreign labor, and suppresses wages and job opportunities for U.S. graduates. At the same time, it distorts our higher education system, incentivizes colleges to become “visa mills” and poses a serious threat to our national security and prosperity. Americans never asked for, or even authorized, this program. OPT was created (and then expanded) by unelected bureaucrats in the executive branch, without the input or approval of Congress, circumventing the caps and limits that govern employment-based visas. This unfortunate exercise of executive action, however, means OPT can likely be overhauled or ended by executive action,” Senator Schmitt wrote in his letter to Secretary Noem and U.S. Citizenship and Immigration Services (USCIS) Director Joseph Edlow.

“As you note, the Optional Practical Training program, and related training opportunities, are provided for in DHS regulations at 8 C.F.R. 214.2(f)(10) and were established through regulation rather than direct statutory text. Consistent with President Trump’s direction and the administration’s America First immigration policy, DHS is reevaluating whether the currently regulatory framework – including the scope and duration of practical training – appropriately serves U.S. labor market, tax, and national security interests and remains aligned with congressional intent,” Secretary Noem wrote in response.

Read Senator Schmitt’s full letter HERE.

Read Secretary Noem’s full response HERE.

Background:

• This letter is part of Senator Schmitt’s oversight efforts to counter legal immigration programs that prioritize foreign nationals at the expense of American citizens. In September 2025, Senator Schmitt sent a letter to USCIS Director Joseph Edlow raising concerns that H-1B visas are being used improperly to staff positions in the Diversity, Equity and Inclusion (DEI) bureaucracy. 

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