The move by the Supreme Court reaffirms the lower court’s verdict, which was handed down in October last year.
The move by the Supreme Court reaffirms the lower court’s verdict, which was handed down in October last year.
The United States Supreme Court has declined to review the lower court’s decision, upholding the legality of the Optional Practical Training program.
The move by the Supreme Court reaffirms the lower court’s verdict, which was handed down in October 2022, and has brought much-awaited relief to international students, including a substantial number of Indian nationals, the Times of India reported.
The OPT program stands as the sole post-qualification work opportunity available to international students in the US.
Citing data from the Open Doors Report for the 2021-22 academic year, the US hosted approximately 190,000 Indian students, with 68,188 of them participating in OPT programs.
OPT program
Under the OPT program, international students can gain post-graduate work experience in the US for one year following their studies. Those specializing in STEM (science, technology, engineering and mathematics) fields are eligible for an extended two-year period, resulting in a total OPT program duration of three years for STEM students.
Legal challenge and support
The legal challenge to a specific OPT rule—the 24-month extension for STEM students introduced in 2016—originated from the Washington Alliance of Technology Workers Union (Wash Tech), which argued that it exceeded the scope of the F-1 visa classification issued to international academic students.
After an unsuccessful appeal, Wash Tech took its case to the U.S. Supreme Court.
Todd Schulte, president of FWD.us, a bipartisan political organization whose founders include Bill Gates, Mark Zuckerberg, Reid Hoffman, and others, expressed his approval of the Supreme Court’s decision.
“The announcement from the Supreme Court is great news for tens of thousands of international students seeking to contribute their talents to the U.S., as well as for the future of our nation as a global innovation powerhouse.”
Earlier in the legal proceedings, nearly 60 prominent U.S. companies, including Apple, Cisco, Facebook, Google, Microsoft, Netflix and LinkedIn, submitted an amicus brief in support of the OPT program, noting its significance in attracting and retaining international talent within the US.
