Maximizing the use of existing temporary avenues to win the race for global talent
Experts across industries agree that the U.S. must attract and retain more foreign-born STEM experts to fuel the growth of critical and emerging technology fields and to protect America’s global competitiveness. Prior reports published by FWD.us document the important role that immigration, including international students graduating from U.S. schools, will play in building the workforce of the future, particularly in the semiconductor and artificial intelligence (AI) sectors.
Ultimately, Congress needs to advance bipartisan legislation to make new and better permanent pathways for international student graduates, particularly in STEM. Clearer opportunities and more reliability could help reverse these shifts and drive long-term interest back up. However, emerging industries face urgent and immediate workforce challenges that cannot wait for legislative change in the undefined future. The U.S. needs avenues for qualified individuals to enter now, even if they initially plan to stay and work for only for a short period.
With streamlined government processes and more employer engagement, alternatives to H-1Bs—like STEM OPT and O-1A visas—could be better leveraged to provide U.S.-educated talent with a bridge from student status to work, and a longer runway to their careers and permanent employment.
Protecting and strengthening STEM OPT
OPT is the only immigration benefit available exclusively to international student graduates. It is only available to graduates gaining work experience in their fields of study and has no annual caps.
Graduate students often use their three years of STEM OPT to support and perform basic science research and development at their universities. Other students will use STEM OPT to begin working directly for a U.S. employer.
For employers, hiring STEM OPT students can help add a global perspective to their workforce and problem-solving across various scientific, technological, and engineering inquiries. Students on OPT gain valuable work experience, training, and institutional knowledge that make them even stronger candidates for permanent positions in the future.
Ending or limiting OPT, as the Trump administration previously considered, as some members of Congress have proposed through legislation, and as immigration restrictionists have tried to do through litigation, would be disastrous. Ending OPT would eliminate the only dedicated pathway available to these graduates, forcing most of them to take their education and training elsewhere and further reducing interest in the U.S. for future international students.
Instead, the administration and Congress must protect and expand access to OPT. A provision at the end of the FORTRESS Act, offered as a Republican amendment to House consideration of the NDAA for FY25, would have established OPT in statute.
Meanwhile, it’s important to ensure that the degree fields that qualify for the STEM OPT extensions are kept up to date. The Department of Homeland Security has sought to modernize the STEM OPT fields of eligibility by adopting an annual review process and ensuring that the fields designated for STEM OPT contain relatively new fields of instruction, like data science and other multidisciplinary fields. For DHS consideration next year, FWD.us teamed with the Center for Security and Emerging Technology and other organizations to analyze fields of study that form the basis of hiring in the AI technical workforce, and to file a nominating letter sharing data-based reasons to add to the designated fields.
Increasing use of O-1A “extraordinary ability” visas
The O-1A is a nonimmigrant visa available for an individual who “possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements.”
O-1 visas are not subject to any annual numerical or country-specific caps, they can be issued for initial increments of three years and can be renewed indefinitely, and the State Department has explicitly instructed consular officers that O-1A visas allow for “dual intent,” so an applicant can be admitted even if they intend to apply for permanent immigration status down the road. There are also relative limitations; for example, the O-2 visa for spouses does not provide work authorization.
The O-1A could be an ideal visa for many highly educated and skilled STEM experts hoping to work in the U.S. or start their own companies. And the qualifications for the O-1A are very similar to the EB-1 visa, which can be self-sponsored and is not as burdened by backlogs as other employment-based categories.
Today, the O-1A visa is heavily underutilized. Each year, approximately 14,000 international students graduate with a STEM PhD in the U.S., along with 35,000 international PhDs serving in postdoctoral fellowships in STEM fields. This amounts to nearly 50,000 STEM PhDs annually, which is itself a subset of the broader O-1A eligible population.
However, in FY 2023, only 4,560 O-1A applications were approved for STEM experts. While this is a significant (53%) increase over the prior five years, it represents only one-tenth of the potentially eligible STEM experts completing their studies or participating in postdoctoral fellowships in the U.S. Of course, not all of those individuals would qualify for an O-1A visa, or even want to pursue one, but even a small increase could boost retention of advanced STEM degree talent by thousands of people each year.
Departments and agencies could do more to enhance certainty and predictability around O-1A adjudications of petitions on behalf of advanced STEM degree holders, and thus stimulate demand from such experts and their employers. This seems particularly relevant given the government’s strong interest in improving attraction and retention of global talent in key sectors, including AI. For example, agency policymakers should follow recommendations from policy experts to clarify guidance about requirements for salaries and education levels, as well as the totality of evidence that can be considered in adjudicating a petition, including statements of facts from interested government agencies and other evidence illustrating the applicant’s extraordinary ability.
Employers can take the lead by increasing their use of existing pathways
Ultimately, it is up to U.S. employers to increase their participation in these underutilized, short-term immigration programs. These pathways already exist, so U.S. businesses can begin exploring and trying them now. And if they face such low chances of their prospects even being selected to apply for an H-1B, is there much to lose in trying an alternative approach?
Employers should strongly consider hiring college graduates on OPT or the STEM OPT extension. With STEM OPT, employers can hire advanced degree holders immediately after graduation for up to three years, giving them more runway to improve their resume and pursue other temporary or permanent options. Hiring an employee with OPT has no extra fees and relatively simple compared to other sponsorship processes.
Many more employers should also assess whether their STEM PhD hiring candidates are O-1A eligible, and consider bypassing the H-1B lottery entirely. Some employers may be cautious about trying different avenues; for example, they may be uncertain about an employee’s ability to qualify for an O-1A visa, which has fairly strict evidentiary requirements and lists Nobel Prize winners as examples of qualified applicants. However, recent guidance from USCIS clarifies that there are numerous ways to demonstrate O-1A eligibility that should be achievable for many top scientists, technologists, and engineers with STEM PhDs.