Overview
- The OPT Fair Tax Act (S.2940) introduced in September 2025 explicitly removes the payroll‑tax exemption for F‑1 students working under OPT.
- Under current IRS rules, most nonresident F‑1 students are exempt from Social Security and Medicare taxes for their first five calendar years in the United States.
- If the change passes, employees would pay 7.65% and employers would match 7.65%, raising the total payroll cost on OPT wages by about 15.3%.
- On a $50,000 salary, the combined employer‑employee FICA contributions would add roughly $7,650, cutting take‑home pay and increasing hiring costs.
- Open Doors data show about 97,556 Indian students participated in OPT in 2023–24, and supporters cite hiring parity while critics highlight paying into benefits many students cannot access.