Keep Innovators in America Act

Bill Number

H.R. 8013

Origin Chamber

House

Congress

119th Congress, Session 2

Policy Area

Immigration

Status

Introduced

Latest Action

2026-03-19: Referred to the House Committee on the Judiciary.

Last Updated

2026-03-26T20:04:09Z

AI-Generated Summary

Purpose of the Legislation

The "Keep Innovators in America Act" (H.R. 8013) aims to make the Optional Practical Training (OPT) program a permanent part of U.S. immigration law. OPT currently allows international students on F-1 visas to work temporarily in jobs related to their field of study, either during or after completing their studies. By codifying it into statute, the bill seeks to provide stability and legal protection for this program, which is now based on regulations from the Department of Homeland Security (DHS).

Key Provisions

• Amendment to Student Visa Definition: The bill modifies Section 101(a)(15)(F)(i) of the Immigration and Nationality Act (INA), which defines nonimmigrant student status. It adds language explicitly allowing F-1 students to engage in "practical training and employment authorization" under conditions set by the DHS Secretary.
• Employment Requirements: Such work must be directly related to the student's field of study and can occur during the course of study or after completing degree requirements.
• Maintaining Student Status: F-1 students can retain their status even while participating in post-completion OPT, provided they are the beneficiary of a pending or approved employment-based immigrant petition (under INA Section 204(a)(1)). However, if still enrolled, they must follow full-time study rules outlined in INA Section 214(m).

Significant Changes to Existing Law

• From Regulation to Statute: OPT has operated as a DHS regulatory program since 1952 but lacks explicit statutory backing, making it vulnerable to policy shifts. This bill embeds OPT directly into the INA, giving it the force of law and reducing reliance on administrative discretion.
• Clarification on Status and Petitions: It formalizes that OPT participants can maintain F-1 status without interruption, especially when pursuing green cards through employment-based petitions, while ensuring enrolled students meet standard academic requirements.

Potential Impacts

• On Government Agencies: DHS (including U.S. Citizenship and Immigration Services) would gain clearer authority to administer OPT, potentially streamlining approvals and reducing legal challenges to the program.
• On Citizens and International Students: U.S. citizens and employers may benefit from access to skilled international graduates in fields like technology and science, fostering innovation and economic growth. International students gain more predictable pathways to work experience, encouraging them to study and stay in the U.S.
• On International Relations: The bill could enhance the U.S.'s appeal as a destination for global talent, strengthening ties with countries sending large numbers of students (e.g., China, India), and promoting the U.S. as a leader in education and workforce development.

Main Stakeholders Affected

• International Students on F-1 Visas: Primary beneficiaries, as they would have statutory protections for OPT participation.
• U.S. Universities and Educational Institutions: These entities rely on international enrollment for revenue and diversity; codified OPT could boost applications.
• Employers, Especially in Innovation Sectors: Tech, engineering, and STEM companies would have easier access to temporary skilled workers, aiding talent retention.
• Department of Homeland Security (DHS): Responsible for implementing and enforcing the program's terms and conditions.

Notable Legal, Constitutional, or Political Implications

• Legal Stability: By moving OPT from regulation to statute, the bill minimizes risks from future court challenges or executive policy changes, providing a more durable framework under the INA.
• Constitutional Considerations: No direct conflicts with constitutional principles are evident, as the bill aligns with Congress's plenary power over immigration. It reinforces nonimmigrant visa categories without altering due process or equal protection standards.
• Political Context: The legislation reflects bipartisan support (introduced by representatives from both parties) for skilled immigration, potentially influencing broader debates on U.S. competitiveness in global innovation while addressing concerns about temporary worker programs.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Liccardo, Sam T. [D-CA-16]

Cosponsors (2)

Rep. Obernolte, Jay [R-CA-23], Rep. Krishnamoorthi, Raja [D-IL-8]

Recent Actions

• 2026-03-19: Referred to the House Committee on the Judiciary.
• 2026-03-19: Introduced in House
• 2026-03-19: Introduced in House

Bill Versions

• Keep Innovators in America Act — issued 2026-03-19 — PDF (2 pages)