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ARTICLE · 18 DECEMBER 2020

Federal Court Decision Saves Work Authorization Program For International Students With STEM Degrees

Ogletree, Deakins, Nash, Smoak & Stewart
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On November 30, 2020, a federal district judge in the matter of Washington Alliance of Technology Workers v. U.S. Department of Homeland Security, et al., No. 16-1170, issued an order to uphold...

United StatesGovernment, Public Sector

On November 30, 2020, a federal district judge in the matter of Washington Alliance of Technology Workers v. U.S. Department of Homeland Security, et al., No. 16-1170, issued an order to uphold the Obama-era program permitting extensions of optional practical training (OPT) work authorizations for certain international students with qualifying science, technology, engineering, and math (STEM) degrees.

By regulation, foreign students in F-1 visa status who graduate from U.S. universities or colleges can obtain twelve months of OPT work authorization following the completion of their degree programs. In 2016, the Obama administration extended the program so that F-1 students could obtain an additional two-year extension of the OPT work authorization if certain requirements were met, including holding degrees in qualifying STEM fields of study and working for employers registered with the federal E-Verify employment eligibility system. The STEM OPT program also

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