NumbersUSA: D.C. Circuit Reverses District Court's Dismissal of Case Challenging OPT

June 13, 2018

The D.C. Circuit reversed the dismissal of a case challenging whether or not the Department of Homeland Security (DHS) was authorized to create the Optional Practical Training program (OPT) and remanded the case back to the D.C. District Court last Friday. The court ruled against the agency's argument that the Immigration Reform Law Institute (IRLI), suing on behalf of American workers harmed by OPT, did not have standing to bring the suit. The court ruled that American workers do not have to prove they were rejected, after applying for a specific job that was later filled by a foreign national with OPT status.

 

OPT allows foreign students who graduate, particularly those with degrees in science, technology, engineering, and/or mathematics (STEM), to stay and work in the United States for up to 36 months after graduation and compete with American workers. Read the full story at NumbersUSA. 

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