OPT program for international STEM students to continue as US Supreme Court refuses hearing

economictimes.indiatimes.com:

international STEM students in the United States, the Supreme Court has refused to hear an appeal challenging the Optional Practical Training (OPT) program. The OPT program, which permits international students in the United States on student visas to work during their studies or up to one year post-graduation, has been a crucial pathway for international students seeking employment opportunities in the country.

At the heart of the case was the extension of the OPT program for up to 36 months after graduation, a provision introduced by the Department of Homeland Security in 2008 and modified in 2016. This extension was exclusively available to students pursuing careers in science, technology, engineering, or math (STEM) fields, making it especially attractive to tech companies.

The Washington Alliance of Technology Workers (Washtech), a Communication Workers of America affiliate, initiated the legal challenge against this extension in 2014, arguing that it allowed tech employers to sidestep the H-1B visa program, which has limited annual quotas and is assigned through a lottery system.

The STEM OPT extension not only simplifies the hiring process for tech employers but also enables visa holders to apply for a green card during their stay in the US, offering a pathway to permanent residency similar to H-1B visa holders.

Throughout the legal battle, Washtech faced several setbacks, including a critical decision by the DC Circuit Court of Appeals in 2022. The union's argument questioned the Department of Homeland Security's authority to establish the OPT STEM extension, contending that it reshaped the entire non-immigrant visa system and undermined protections for American workers.

United States