Recent Federal Court Decision protects F-1 OPT… For Now

Maggio Kattar

Washington Alliance of Technology Workers (“WashTech”),  initiated a lawsuit in 2016 alleging, in part, that the 2016 Science Technology Engineering and Technology Optional Practical Training ( STEM OPT) rule, was issued in excess of the Department of Homeland Security’s (“DHS”) statutory authority.  WashTech’s case was dealt a significant blow recently as Judge Reggie B. Walton of the United States District Court for the District of Columbia issued a summary judgement upholding the DHS’s post-graduate OPT programs.

OPT allows up to 12 months of work authorization to foreign graduates, and STEM OPT rule provides two more years of work authorization for foreign graduates from U.S. schools with degrees in science, technology, engineering, and math.

Following implementation of the current rule in 2016, WashTech filed its latest lawsuit challenging the STEM OPT rule, which has continued to be defended by DHS and bolstered by the National Association of Manufacturers, the U.S. Chamber of Commerce and the Information Technology Industry Council.

Judge Walton’s order is subject to appeal, which WashTech is expected to file. However, for now, the STEM OPT extension rule stands.