The US Supreme Court’s decision to pass on a challenge to a work program for foreign graduates of US colleges and universities will likely lead to calls for an expansion of that program.
The high court’s rejection of the case leaves in place a lower court ruling affirming the Department of Homeland Security’s authority to implement Optional Practical Training for science, technology, engineering, and math fields. It also effectively maintains the status quo for F-1 student visa holders who pursue the program, often as a bridge to the H-1B specialty occupation visa.
Numerous US employers—including chemical companies, semiconductor manufacturers, and other technology firms—also have come to rely on OPT to hire workers with in-demand skills.
Now, colleges and businesses will likely urge the Biden administration to add to the areas of study eligible for the program.
“Employers are definitely taking a deep breath this morning knowing that they’re going to be able to maintain not only the employees they have on OPT but also the recruitment that is currently happening,” Kelli Duehning, a partner at Berry Appleman & Leiden LLP, said after the Supreme Court’s decision. “I see us thinking more creatively about how we can expand the OPT program within its legal limits.”
More than 117,000 students participated in OPT in 2021, according to...
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