1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.

F-1 Opt Stem Program Challenged In Court

Discussion in 'OPT changes' started by Kamakazee, Dec 2, 2014.

  1. Kamakazee

    Kamakazee Super Moderator

    Messages:
    2,698
    Likes Received:
    1,368
    Trophy Points:
    113
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    This is an interesting case. I doubt that it will survive an appeal, but it is still interesting.
     
  3. Kamakazee

    Kamakazee Super Moderator

    Messages:
    2,698
    Likes Received:
    1,368
    Trophy Points:
    113
    Yes, I found it interesting too. Never thought STEM OPT would be challenged. We have all used it to switch from F1 to H1B. But we used to get it for a year. Now it has expanded a lot.
     
  4. Senram

    Senram Member

    Messages:
    912
    Likes Received:
    307
    Trophy Points:
    63
    It is possible to win the case if successfully challenged by some one as always many laws should give preference to US workers. But I am pretty sure OPT is causing wage depression. Only question is it will take years and money to survive in the appeals against the government and also constantly proving the personal impact. That's where individuals or small organizations fail. But if house successfully files the case it could win if the court accepts to hear(only issue here is courts reluctant to accept the case unless the filing party has any impact). I am sure there will be twists and turns in coming months and certainly add uncertainity
     
  5. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    This case is going to get overturned on appeal because it is a direct challenge to the President's authority to conduct foreign relations. The F1 program, including OPT, falls under the heading of foreign relations. The purpose of the F1 program is to invite the best and brightest from around the world to learn about America. OPT is an important part of that. I simply don't see this case surviving an appeal.
     
  6. s_gan

    s_gan Super Moderator

    Messages:
    5,316
    Likes Received:
    5,438
    Trophy Points:
    113
    While I agree that it falls under the foreign relations category, I am now certain that the USCIS is going to delay changes to the F1-OPT rule. There is no reason to extend the OPT period beyond 2 years.
     
  7. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    They may do it anyway now just because they are stubborn.
     

Share This Page