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ARTICLE · 04 OCTOBER 2023

Supreme Court Declines To Hear Case Challenging OPT

The U.S. Supreme Court has declined to hear a case challenging the legality of Optional Practical Training (OPT) programs for F-1 students.

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The U.S. Supreme Court has declined to hear a case challenging the legality of Optional Practical Training (OPT) programs for F-1 students.

‌Key Points:

  • Last year, a D.C. Circuit Court of Appeals panel ruled to uphold the legality of OPT and the STEM OPT extension.
  • The plaintiffs, the Washington Alliance of Technology Workers (WashTech), asked for an "en banc" hearing before the full D.C. Circuit, a motion that was denied.
  • WashTech appealed to the Supreme Court, which denied certiorari Monday, leaving the appeals court's decision to uphold OPT in place.

BAL Analysis: The Supreme Court's decision not to hear the challenge to OPT is a win for OPT students and their supporters. The U.S. business community has shown strong support for OPT and STEM OPT, saying the programs help employers fill key positions and stay competitive.

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