Extended OPT for international STEM students legal, maintains US court
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In a significant victory for supporters of OPT, the US Court of Appeals for the DC Circuit ruled Tuesday to maintain the legality of the Optional Practical Training (OPT) program, including the STEM students extension.
The OPT program allows students an opportunity to secure hands-on training related to their academic field post-graduation.
It is the main post-qualification work opportunity available to students in the US and is a significant pull factor for attracting foreign students – a significant number of whom are from India.
Eligible students can apply to get up to 12 months of OPT employment authorization before finishing their academic studies (pre-completion) after completing their academic studies (post-completion). STEM students can get an expansion of two years, taking the total authorized working time to 3 years.
OPT for international STEM students Extension
In her opinion, Judge Cornelia Pillard composed that OPT is reliable with post-graduation programs that date back over 70 years. In that time, Congress has amended Immigration and Nationality Act (INA) several times. However, has never curbed executive authority to allow F-1 students to stay in the country for post-graduation training, she said.
The Washington Alliance of Technology Workers Union (Wash Tech) challenged the specific OPT rule and expressed. That was much beyond the scope of the F-1 visa class, which is given to international academic students.
However, the US Court of Appeals held that “… the 2016 rule is reasonably related to the nature and purpose of the F-1 visa“. The court saw that the US Department of Homeland Security DHS) planned the 2016-rule for the core purpose of admission for the F-1 visa class pursuing a full course of study at an established academic institution. “The rule imposes severe requirements to guarantee an immediate relationship. Between the F-1 student’s practical training and his or her coursework,” it added.
[The United States has waived in-person visa interviews for these Indian students]
Under a 1992 rule, the OPT program enables international students on F-1 (academic study visas). To work for one year in the US, post their studies. Therefore, a rule presented in 2016, enables international STEM students to get a further OPT expansion of up to 24 months. In other words, the OPT tenure available to them is 3 years.
According to the 2021 Open Doors Report, there were 1.67 lakh Indian students in the US. 18% of the total number of international students in the country.
