HR2315-119

What This Bill Does

The Fairness for High-Skilled Americans Act amends INA section 274A(h). It provides that, notwithstanding any other law, an alien present in the United States as an F-1 academic student may not receive U.S. employment authorization under the Optional Practical Training Program or any successor program unless an express Act of Congress authorizes that program. The bill would therefore end executive-branch OPT work authorization as a path for F-1 students after study unless Congress affirmatively enacts a replacement or authorization.

Who Benefits and How

U.S. workers competing for entry-level professional jobs benefit if employers can no longer hire F-1 graduates through OPT absent congressional authorization. High-skilled American job applicants benefit from reduced competition from OPT-authorized foreign graduates. Congress benefits because future OPT-style work authorization would require express statutory approval. Immigration enforcement offices benefit from a clear statutory bar on OPT employment authorization without an Act of Congress.

Who Bears the Burden and How

F-1 student visa holders lose Optional Practical Training employment authorization unless Congress enacts a program. Universities recruiting international students may lose a major post-study employment pathway used to attract applicants. Employers hiring OPT graduates lose access to that work-authorized labor pool unless Congress acts. USCIS employment authorization staff must stop granting OPT or successor-program work authorization without express statutory authority.

Key Provisions

• Bars F-1 nonimmigrant students from receiving employment authorization under OPT without express congressional authorization.
• Applies the bar to successor programs as well as the existing Optional Practical Training Program.
• Amends INA section 274A(h), the employment verification and authorization provision.
• Transfers control over OPT-style work authorization from agency practice to Congress.