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The U.S. Court of Appeals for the D.C. Circuit has declined to reconsider an October ruling upholding the legality of Optional Practical Training programs.
Key Points:
Background: OPT allows F-1 students who graduate from a U.S. university to work for 12 months in their field of study and for an additional 24 months if they have a degree in science, technology, engineering or math. The litigation challenging OPT dates back to 2014. Business organizations have shown strong support for OPT, with 60 U.S. companies and trade organizations signing a friend-of-the-court brief urging the D.C. Circuit to protect OPT and saying the program helps employers fill “persistent vacancies” in STEM positions.
BAL Analysis: The D.C. Circuit’s decision not to rehear the OPT appeal is a welcome development, but WashTech may pursue further judicial review. BAL will continue to follow the litigation and will provide updates on important developments.
This alert has been provided by the BAL U.S. Practice Group. For additional information, please contact berryapplemanleiden@bal.com.
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