On October 4, 2022, the U.S. Court of Appeals for the District
of Columbia affirmed the judgment of the district court sustaining
the Department of Homeland Security's (DHS) current Optional
Practical Training (OPT) rule's authorization of a limited
period of post-coursework OPT, if recommended and overseen by the
school and approved by DHS, for qualifying students on F-1 visas.
OPT includes an extension for students in science, technology,
engineering, or mathematics (STEM) fields of an additional 24
months beyond the OPT period of 12 months.
Among other things, the court held that authorizing foreign
students to engage in limited periods of employment for practical
training as their schools recommend according to the terms set out
in the rule is a valid exercise of DHS's authority. The court
also noted that "practical training not only enhances the
educational worth of a degree program, but often is essential to
students' ability to correctly use what they have