Supreme Court Denies Cert to WashTech Case, District Court Decision Upholding OPT Regulations Stands
/On October 2, 2023, the Supreme Court denied certiorari in the Washington Alliance of Technology Workers v. Department of Homeland Security case (the “WashTech” case), which is a significant victory for employers and international students.
The WashTech case has been litigated for a long time, and the focus of the case has been the length of time allowed for practical training and work authorization that DHS provides to international students. Specifically, a group argued that DHS could not expand Optional Practical Training (OPT) from 12 to 36 months in science, technology, engineering and math (STEM) fields. However, several court decisions found that the Department of Homeland Security possessed the authority to expand STEM OPT to 36 months.
Educators consider OPT and STEM OPT essential because practical training benefits students’ education and encourages them to enroll in U.S. universities. The additional 24 months in STEM OPT also allows employers a better opportunity to secure an H-1B petition for students.
Washington Alliance of Technology Workers (WashTech) filed a petition for writ of certiorari to ask the Supreme Court to review a D.C. Circuit decision in favor of DHS’s authority. However, on October 2, 2023, the Supreme Court denied the petition for writ of certiorari, which means that means no further review of the D.C. Circuit’s earlier decision in favor of STEM OPT will occur.
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