On Monday, Oct. 2, the U.S. Supreme Court declined to review a long-litigated case on practical training and work authorization for international students. The Washington Alliance of Technology Workers (Washtech) argued that the Department of Homeland Security (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 previously found that DHS possessed the authority to expand STEM OPT to 36 months. 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. The Supreme Court denied the petition, signaling that no further review of the D.C. Circuit’s earlier decision in favor of STEM OPT will occur.

OPT and STEM OPT allow international students to remain in the U.S. and work after graduation from their educational programs. Of particular importance, the additional 24 months in STEM OPT allows employers more time and a better opportunity to secure an H-1B petition for students, as H-1B lottery numbers have become increasingly difficult to secure. The Supreme Court’s decision ensures that STEM OPT will remain protected and available for international students in the STEM fields.

As we look ahead to the 2024 H-1B lottery, please reach out to schedule a consultation if you have current employees on OPT or STEM OPT and are interested in entering them in the lottery!