US Federal Court Decision Rules in Favor to Keep STEM OPT Program

On December 1st, 2020, the U.S. District Court of the District of Columbia granted summary judgment upholding the Department of Homeland Security’s post-graduate Optional Practical Training (OPT) programs for STEM graduates. As the final part of a six-year-long battle between the Washington Alliance of Technology Workers (WashTech) and the U.S. Department of Homeland Security, the District Court ruled that DHS had the authority to create the STEM OPT program that was the subject of the suit.

WashTech filed suit originally in 2014 in the U.S. District Court of the District of Columbia challenging a 2008 STEM OPT rule which was dismissed as moot. Two years later in 2016, WashTech filed a new suit challenging the new 2016 STEM OPT rule and the basis for the recent decision. WashTech’s suit challenged the 2016 24-month STEM OPT rule and 12-month post-completion OPT rule asserting that DHS did not have the statutory authority to create or maintain any kind of post-completion OPT.

Now that summary judgment has been granted, the STEM OPT program remains valid. It is expected that WashTech will appeal this decision by the district court we will see updates at the appellate level. As we learn more, we will continue to update our readers. If you have questions about how this may affect you or someone you know, please reach out to our team of knowledgeable attorneys and experts at International Legal and Business Services Group, LLP.