District Court protects OPT in Washtech case again

A U.S. labor organization, Washington Alliance of Technical Workers Union (WashTech) has filed a lawsuit, contending that OPT harms U.S. workers and that the Department of Homeland Security (DHS) did not have statutory authority to grant work authorization to F-1 students for Optional Practical Training (OPT).  This is a lawsuit that has been in litigation in various stages for over 10 years, and in a July 2019 ruling, the court determined that the case could proceed.  After a long history in the courts, in a November 30, 2020 order, the district court denied Washtech motions of summary judgement and granted Department of Justice cross motions for summary judgement. This order includes the statement, “It is further ORDERED that this Order is not a final Order subject to appeal.” If the court's eventual final judgement is as expected consistent with the order on the motions and goes against Washtech, Washtech could file a notice of appeal within 60 days of the final judgement.

Iandoli Desai & Cronin will continue to monitor the situation and provide updates when available.