D.C. Circuit Holds that Optional Practical Training (OPT) for F-1 Students is Valid

After eight years of litigation, the U.S. Court of Appeals for the D.C. Circuit held on October 4, 2022, that Optional Practical Training (OPT) – employment authorization for college graduates – is valid and that allowing international students to work in positions connected to their studies was within the Department of Homeland Security’s authority (Washington Alliance of Technology Workers v. United States Department of Homeland Security, et al). The Washington Alliance of Technology Workers commenced litigation against the Department of Homeland Security when OPT was expanded from one to up to three years for STEM degree holders, arguing that DHS did not have the authority to do so. The D.C. Circuit disagreed and pointed out that practical training for international students dates back over 70 years, and Congress has repeatedly acquiesced over the years. In a 2 to 1 decision, Judge Pillard writes:

“History corroborates that Congress meant what it plainly said in the INA when it granted DHS authority in section 1184(a)(1) to set the conditions of F-1 students’ admission…And across decades of the Executive doing so openly, we have explained, Congress has chosen to maintain the relevant provisions of the F-1 student category when it enacted the INA in 1952 and made many ensuing amendments—all of which preserved both the F-1 category and the section 1184(a)(1) authority under which the Executive had long granted work authorizations.”