Optional Practical Training Program

The Optional Practical Training Program (OPT) is a regulation lacking any statutory justification which allows former students who are aliens to remain in the United States for an additional 3.5 years after graduation.

This regulation was promulgated by the Department of Homeland Security, supposedly based on F-1 student visas, but the statute only authorizes aliens to be in the U.S. under F-1 visas “solely” to participate in education activities at an accredited academic institution. 8 U.S.C. § 1101(a)(15)(F)(i).

See also

• 8 C.F.R. § 214.2(f)(10)(A)(ii)(3).