Key Developments In Court Case To End OPT For Foreign Students

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Key Developments In Court Case To End OPT For Foreign Students
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An important case will decide whether foreign students can continue to work for companies in the U.S. on Optional Practical Training

Optional Practical Training allows international students to work for a time in the United States. It’s become important for attracting such students to America, particularly when new enrollment of international students at U.S. universities has declined by more than 10% between the 2015-16 and 2018-2019 academic years and other countries offer generous post-study work options. Despite this, some people want to eliminate OPT and have taken their case to court.

The court case in the U.S. District Court for the District of Columbia is separate from a potential Trump administration rule that may restrict Optional Practical Training, which currently allows international students to work for 12 months after graduation and 24 additional months in science, technology, engineering and math fields.

The current regulation, called Optional Practical Training, was first promulgated during the George H.W. Bush administration. It was expanded for graduates with a STEM degree by the George W. Bush administration. It was again promulgated by the Barack Obama administration. It has been supported by every administration, as a sensible, merits-based immigration program.

The Washington Alliance of Technology Workers has sued the Department of Homeland Security , arguing that OPT is unlawful. This plaintiff has brought a handful of cases against DHS; its goal is to declare OPT – a program that has existed in some form for more than seven decades – unlawful.To ensure that this regulation is appropriately defended, three trade associations – the National Association of Manufacturers, the U.S.

These intervenors explain how OPT benefits the American educational system, as well as the U.S. economy as a whole. By providing term employment to highly skilled recent graduates, OPT ensures that this talent pool grows the American economy, providing benefits toworkers in the United States. If these employment opportunities were foreclosed, this talent would instead move overseas, damaging American economic competitiveness.in its favor and declare at least part of OPT unlawful.

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