10/30/2026

Update on CPT Litigation Next Steps

Dear Erica,

 

With the November 9 public comment deadline fast approaching, let’s start off where I usually do these days: with a reminder that NAFSA has your one-stop shop for all things related to the proposed rule to establish new optional practical training (OPT) fees. Our portal’s resource page has been updated most recently with a policy brief prepared by FWD.us. The authors join other experts, including Michael Clemens, in arguing that the OPT fee should be called a tax because it would raise general revenue, which is Congress’s domain, not the administration’s. The same is true of the recently proposed $103,265 tax on H-1B petitions. Recall that we also added the high-level comment letter guidance that NAFSA developed with higher education partners last week.

 

There has been some movement in NAFSA’s case challenging the broadcast messages that drastically change the interpretation of curricular practical training (CPT). The U.S. government filed its opposition brief by the judge’s extended deadline of October 28. Plaintiffs now have until November 4 to respond. Oral arguments will be heard on November 6 in the U.S. District Court for the District of Massachusetts in Boston.

 

‘Tis the season for surveys! IDP released its annual Emerging Futures report which captures international student sentiment worldwide. Notable is that globally, rising costs are the leading factor affecting students’ decision making. Yet Indian students—the largest group of respondents—indicate they are most motivated by the potential career benefits of an international degree. Australia remained the most popular study destination among the English-speaking “Big Four” (Australia, Canada, the United Kingdom, and the United States) though its lead is shrinking.

 

Studyportals led an analysis of education and labor markets in the Big Four. The second-ever “University as a Connector” report compares the relationship between employer demand and student interest in ten major fields. It shows, for example, that a gap exists in the United States when it comes to business, engineering, and health sciences and argues that universities should play a more active role in addressing the gap.

 

Of course, you can expect the release of our annual analysis with JB International on the economic contributions of international students in the United States on November 16! The latest Global Enrolment Benchmark Study—which NAFSA supports along with Studyportals and Oxford Test of English—will also be released in November.

 

WHAT YOU CAN DO: 

  • Register for NAFSA’s members-only Postelection Policy Update on November 12 to hear NAFSA experts interpret the election results and what it might mean for our field. A Senate Chief of Staff has been added to the speaker line-up!
  • Vote. Enough said!
  • Join us in Celebrating International Education Week! Use this helpful social media toolkit for hashtags (#IEW2026), graphics, and sample posts. 
  • Don't forget about NAFSA Advocacy Day, March 10, 2027! We sure haven't. We are still refining our plans for next year. More to come!

Thank you for reading.

 

Best,

Erica

 

Erica Stewart

Senior Director, Advocacy & Strategic Communications

NAFSA: Association of International Educators

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