The much-popular Optional Practical Training (OPT) program available to foreign students to gain work experience in the US is under threat. OPT faces termination or the rules and regulations around it could be modified soon.
Joseph Edlow, who has voiced his concerns on the existing model of the OPT program, will be the Director of United States Citizenship and Immigration Services, Department of Homeland Security.
The U.S. Senate has confirmed the nomination of Joseph Edlow for U.S. Citizenship and Immigration Services (USCIS Director). As director of USCIS, Edlow will be instrumental in furthering President Donald Trump’s immigration agenda.
Joseph Edlow’s Concerns
In his nomination hearing, he stated that USCIS should “remove the ability for (OPT) employment authorizations for F1 students beyond the time they are in school.” The Act, however, does not provide for OPT work authorization at all, whether a student is still enrolled in school or a postgraduate.
“As I stated in the hearing, I think the way in which OPT has been handled over the last four years, culminating with the opinion of the DC Circuit Court, has been a real problem in terms of misapplication of the law. If confirmed, I look forward to working with my DHS counterparts and Congressional partners to address this issue,” said Edlow.
When asked on CPT work authorizations, which permit foreign students to engage in employment that is an “integral part” of a school’s curriculum, are statutorily-suspect, especially in light of the Supreme Court’s recent rulings, Edlow said, “Although ICE, not USCIS, is responsible for administering CPT, if confirmed I will support efforts by ICE and DHS to conduct a review of CPT.”
Edlow has expressed support for several immigration restrictions, including prohibiting F-1 students from engaging in optional practical training (OPT) employment after completing their academic program and shifting USCIS’s mission to enforcement, vetting, screening, and fraud detection, including a significantly increased role in USCIS case processing for the agency’s Fraud Detection and National Security (FDNS) directorate.
In his May confirmation hearing, Edlow stated that “at its core, USCIS must be an immigration enforcement agency, an agency that is dedicated to ever-evolving and innovative techniques for screening and vetting its applicant pool.”
Case Against CPT
US authorities believe that CPT is still being abused by unscrupulous institutions. Papermill colleges known as “Day-1 CPT” schools build a curriculum around employment to justify CPT eligibility, then impose minimal class attendance and coursework requirements so foreign “students” can work full-time. Day-1 CPT programs have been described as a “work visa in disguise.” Edlow said if confirmed, he is committed to supporting a review by ICE and DHS.