The U.S. Supreme Court recently declined to hear a challenge to the STEM OPT program, providing a major win for those who depend upon this important benefit. STEM OPT provides an additional 24 months of practical training available for those who earn a degree in a science, technology, engineering, or math discipline from a U.S. university. While all eligible F-1 students have access to 12 months of OPT, the additional 24 months provided under the STEM OPT extension allows these students to gain valuable work experience and training in their field. The STEM OPT program began under the Obama Administration and has been critical for providing foreign students in high-demand fields additional options to remain in the U.S. after graduating. The program also provides these students – and their U.S. employers – greater opportunity to obtain an H-1B visa, which is based on a lottery system and often takes multiple years to be selected.
The Washington Alliance of Technology Workers sought a review of the program from the Supreme Court, arguing that the expansion of the OPT program under Former President Obama was unlawful and created without authorization from Congress. Among their concerns, the group argued that the program introduced unfair competition in the IT labor market. The bid for review from the Supreme Court represented the group’s final attempt to have the program overturned. Last year, before a D.C. Circuit Court of Appeals, the STEM OPT program was upheld. The group then asked for a hearing before the full D.C. Circuit, but the motion was denied. The Supreme Court’s decision not to hear the challenge means the Washington Alliance of Technology Workers lawsuit has finally come to an end.
The STEM OPT program has become an important tool for both foreign students and U.S. businesses alike. U.S. employers rely on the STEM OPT program to hire workers with in-demand skill sets, and foreign students with STEM degrees depend on this program to gain valuable work experience with American companies. The U.S. Supreme Court’s decision is a win for this essential program and all those that depend on it.
If you have questions about F-1 visas, STEM OPT, or any other immigration-related issue, please reach out to an ILBSG attorney today. Our team of experienced attorneys works with our clients in their specific situations to ensure they get the right advice.
