August 14, 2015
The U.S. District Court for the District of Columbia ruled against DHS in a lawsuit over the regulation that allows non-student foreign labor to compete with American workers. The court struck down the rule saying that DHS did not comply with the Administrative Procedure Act (APA) when it bypassed the public notice and comment process as required.
The lawsuit case, Washington Alliance of Technology Workers v. USDHS (Civil Action No. 14-529), was brought forward by the Immigration Reform Law Institute (IRLI) in defense of several American technology workers who had been displaced by foreign workers under the Optional Practical Training (OPT) program. When established, the program gave foreign students at U.S. universities an opportunity to work for 12 months in the U.S. after graduation. In 2008, the Bush Administration expanded the OPT program by given foreign students in STEM curricula the ability to work for up to 29 months after graduation. … Read the full story.
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