The U.S. Supreme Court recently made a significant decision by refusing to consider a challenge to the STEM OPT program. This decision is a major victory for individuals who rely on this valuable program.
STEM OPT stands for Optional Practical Training (OPT) in science, technology, engineering, and math fields. It provides an additional 24 months of hands-on training and work experience to international students who have earned a degree in one of these disciplines from a U.S. university. While all eligible F-1 students have access to 12 months of OPT, the STEM OPT extension offers an additional 24 months, allowing these students to gain valuable practical experience in their chosen field. The STEM OPT program was initiated during the Obama Administration and plays a crucial role in offering foreign students in high-demand fields more options to stay in the U.S. after graduation. It also increases their chances of securing an H-1B visa, which is awarded through a lottery system and often takes several years to be selected.
The Washington Alliance of Technology Workers asked for a review of the STEM OPT program by the Supreme Court. They argued that the expansion of the OPT program under former President Obama was illegal and lacked authorization from Congress. One of their main concerns was that the program had introduced unfair competition in the IT job market. The Supreme Court’s refusal to review the case signifies the end of the road for the Washington Alliance of Technology Workers’ legal challenge. Previously, a D.C. Circuit Court of Appeals had upheld the STEM OPT program, and the group’s request for a hearing before the full D.C. Circuit was denied.
The STEM OPT program is a valuable program for both international students and U.S. businesses. U.S. employers rely on it to hire individuals with sought-after skills, while foreign students with STEM degrees depend on the program to gain valuable work experience with American companies. The Supreme Court’s decision to decline the challenge is a victory for this essential program and all those who rely on it.
If you have any questions regarding F-1 visas or the STEM OPT program, please don’t hesitate to contact us. We work with our clients to maximize their odds of a successful outcome and are with them every step of the way.