OPT Extension Lawsuit Filed in New Jersey Federal Court
On May 31, 2008, opponents of the DHS decision to extend Optional Practical Training (OPT) to 29 months (under certain limited circumstances) have challenged that decision in U.S. District Court in Newark, New Jersey. The lawsuit was filed by the so-called Immigration Reform Law Institute and it was joined by the Programmers Guild and some other groups such as the American Engineering Association and Brightfuturejobs.com.
It’s questionable whether these parties even have standing to bring the lawsuit. Assuming that they have standing, it’s clear that the suit has no merit whatsoever.
DHS, which announced the new rule on April 4, 2008, wisely extended the period of OPT from 12 to 29 months for certain qualified F-1 non-immigrant students who have a degree in science, technology, engineering, or mathematics (STEM) and who are employed by businesses enrolled in the E-Verify program.
The whole purpose of the rule change is to do what’s necessary to attract and retain highly skilled foreign workers that will help U.S. companies stay competitive in today’s world economy. If the U.S. doesn't welcome these highly skilled workers, other countries certainly will.
The new rule also addressed the situation where an F-1 student’s status and work authorization expires before he or she can begin employment under the H-1B visa program by automatically extending the period of stay and work authorization for all F-1 students with pending H-1B petitions. Finally, the new rule will also allow students to apply for OPT within 60 days of graduation.
I’ll post updates on the progress of the suit which I am confident will ultimately be dismissed.
