By Matthew Holloway |
Arizona Congressman Paul Gosar (R-AZ-09) is renewing his push to dismantle the Optional Practical Training (OPT) program, doubling down on efforts he began earlier in the year by urging Congress to terminate the program outright rather than merely condemning employers who use it.
In a Dec. 11 op-ed published by the Daily Signal, Gosar argued that OPT has evolved into an unauthorized guest-worker system that disadvantages American graduates while rewarding corporations that favor foreign labor over U.S. workers.
In his op-ed, Gosar wrote that OPT was created “by bureaucratic fiat in 1992,” later “radically expanded” by the Obama administration, which he argued did so without congressional authorization. He argued that the program has since grown into what he described as a de facto guest-worker system. The congressman described OPT as “a massive, unauthorized foreign guest-worker pipeline to operate outside the law, undercut American students, and expose our nation to significant economic and national-security risks.”
The renewed call follows Gosar’s September criticism of major corporations and institutions for exploiting OPT to hire foreign workers at lower cost. In that earlier statement, Gosar accused businesses of favoring foreign workers over Americans by using the program to avoid payroll taxes and to undercut wages, a charge he now says requires legislative correction rather than corporate shame alone.
At the time he wrote in a post to X, “OPT incentivizes greedy businesses to fire Americans & replace them with inexpensive foreign labor by avoiding having to pay FICA and Medicare payroll taxes and other employee benefits. My bill, HR 2315, would terminate the OPT Program.”
OPT allows foreign students on F-1 visas to work in the United States for up to 12 months after graduation, with an additional 24-month extension available for STEM graduates. Unlike H-1B visas, OPT is not capped by Congress, and many F-1 OPT participants are generally exempt from FICA (Social Security and Medicare) taxes for a period under federal tax residency rules, creating a cost advantage for employers in many cases.
Gosar argues the structure incentivizes companies to bypass American workers while skirting congressional limits on employment-based visas. In his op-ed, he described OPT as a “shadow substitute for the H-1B visa program” that has expanded through executive action over multiple administrations.
He wrote, in part, “Why would we invite foreign students from strategic competitors to work inside America’s most sensitive research, technology, and defense sectors—often without meaningful oversight? Why would we maintain an unregulated guest-worker pipeline that Congress never approved? And why would we subsidize it with taxpayer dollars? The answer is simple: We shouldn’t.”
Gosar explained that the program incentivizes corporations to favor foreign workers by exempting OPT participants from payroll taxes, a structure he argues disadvantages American graduates entering the workforce.
To address the issue, he is calling on Congress to pass his March 2025 legislation, the Fairness for High-Skilled Americans Act (HR2315), which would permanently end the OPT program and prohibit future executive-branch work-authorization programs without explicit congressional approval.
The congressman framed the issue as both an economic and constitutional concern, arguing that immigration and labor policy should be set by lawmakers rather than federal agencies. He also cited national-security risks tied to insufficient oversight of foreign nationals working in sensitive industries under OPT.
In a post to X on Dec. 12, Texas Congressman Chip Roy’s office announced his support for Gosar’s efforts, writing, “Rep. Roy is proud to join @RepGosar in ending the fraud-ridden Optional Practical Training (OPT) program that displaces American tech workers and undermines our national security. Let’s get it done.”
Supporters of OPT, including universities and business groups, argue that the program helps fill workforce shortages and makes U.S. schools more competitive in attracting international students. Critics counter that the program’s scale, which has grown to hundreds of thousands of participants annually, distorts labor markets and suppresses wages for entry-level American workers. Department of Homeland Security Data shows that 194,554 OPT students had employment authorization documentation and employer information filed in 2024.
Gosar’s latest push signals a renewed legislative challenge, placing OPT squarely in the ongoing national debate over immigration, workforce policy, and executive authority.
Whether Congress will act on the proposal remains uncertain. Still, Gosar’s redoubled effort suggests the issue is unlikely to fade as lawmakers consider broader immigration and labor reforms in the coming year.
Matthew Holloway is a senior reporter for AZ Free News. Follow him on X for his latest stories, or email tips to Matthew@azfreenews.com.
