Groups File Lawsuit Challenging Extensions of OPT
Posted Jul 04, 2008
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Several groups filed a lawsuit against the U.S. Department of Homeland Security (DHS) and DHS Secretary Michael Chertoff in opposition to changes in the provisions relating to Optional Practical Training (OPT). The suit was filed on May 29, 2008 claiming that the DHS had improperly altered its rules on F-1 students and OPT to effectively create a new temporary guest worker program. The lawsuit, filed with the U.S. District Court for the District of New Jersey in Newark, seeks the invalidation of the DHS's April 4, 2008 Optional Practical Training Interim Final Rule that provided for up to 29 months of OPT for some foreign graduates of U.S. colleges and universities. It is important to note that the existing regulation remains in place and is in no way changed at this time as the result of this lawsuit.
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DHS Extends OPT for Some Foreign Graduates
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Our regular MurthyDotCom and MurthyBulletin readers will recall a detailed discussion of the OPT extensions from our NewsFlash F-1 OPT Interim Rule of April 8, 2008 - Summary and Analysis, which was posted on April 9, 2008 and updated on April 22, 2008. This MurthyDotCom NewsFlash noted that the DHS published this Interim Final Rule on April 8th and that it was intended to take effect the same day, despite having a public comment period lasting until June 8, 2008.
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Graduates eligible for a 17-month extension of their post-graduate, 12-month OPT include those who have completed a science, technology, engineering, or mathematics (STEM) degrees from U.S. institutions of higher education. Other conditions apply, including that the OPT-sponsoring employer must participate in the DHS's eVerify program, as explained in our May 30, 2008 article, eVerify Analysis - May 21, 2008 Update.
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Groups Sue the DHS and Secretary Chertoff
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The lawsuit opposing the changes in the OPT regulation was filed by The Programmers Guild, Inc., American Engineering Association, Inc., Brightfuturejobs.com, and ten individuals. The groups involved in the lawsuit are immigration restrictionist groups leading numerous efforts to restrict the ability of U.S. employers to hire foreign professionals. These plaintiffs also filed a June 2, 2008 Motion for a Preliminary Injunction, asking U.S. District Judge Faith S. Hochberg to prevent the DHS from implementing its OPT STEM extensions. As of this writing, there has not been a decision on the motion. Significant developments in this lawsuit and the DHS's STEM OPT extension program will be monitored and updates will be provided for MurthyDotCom and MurthyBulletin readers.