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United States
Three days after a replacement STEM Optional Practical Training (OPT) program went into effect, the D.C. Circuit Court of Appeals dismissed a federal lawsuit by a technology worker’s union that sought to contest the validity of the prior STEM OPT program. In its decision, which was issued today, the court explained that the plaintiff’s challenges were moot as the contested 2008 program has been replaced with the 2016 rule.
Today’s decision is the latest development in Washington Alliance of Technology Workers v. DHS (WashTech). In August 2015, the United States District Court for the District of Columbia ruled that the Department of Homeland Security (DHS) had the authority to create the STEM OPT program, but failed to meet its notice and comment obligations when it published the original regulation in 2008. The district court vacated the 2008 regulation, but stayed its ruling in order to give DHS time to meets its rulemaking obligations and minimize hardship to F-1 students and employers. DHS complied with the court’s decision by proposing a new rule and subjecting it to the appropriate notice and comment period. The new rule became effective on May 10, 2016.
The appellate court’s decision will ensure the ongoing viability of the STEM OPT program. Fragomen continues to follow this litigation as well as the implementation of the new STEM OPT regulation, and will issue further alerts if new information becomes available.
This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.
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- Fragomen in Los Angeles, CA
- Fragomen in Matawan, NJ
- Fragomen in New York, NY
- Fragomen in Phoenix, AZ
- Fragomen in San Diego, CA
- Fragomen in San Francisco, CA
- Fragomen in Silicon Valley, CA
- Fragomen in Detroit, MI
- Fragomen in Washington, DC
Related offices
- Fragomen in Atlanta, GA
- Fragomen in Boston, MA
- Fragomen in Chicago, IL
- Fragomen in Miami, FL
- Fragomen in Dallas, TX
- Fragomen in Houston, TX
- Fragomen in Irvine, CA
- Fragomen in Los Angeles, CA
- Fragomen in Matawan, NJ
- Fragomen in New York, NY
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Partner Rajiv Naik highlights the importance of transparency, clear guidance and human oversight as AI use expands in UK immigration tribunals.
Video
Senior Associate Tuğba Özyakup outlines how Europe’s Entry and Exit System (EES) introduces digital tracking of non-EU short-stay travel across the Schengen Area, requiring more proactive planning, accurate record-keeping and awareness of increased border processing times to avoid delays and overstay risks.
Media mentions
Partner Chad Ellsworth discusses recent H-1B lottery changes, including salary-weighted selection and filing restrictions, and how they are influencing employer selection outcomes and hiring approaches for foreign talent.
Work authorization
Senior Associate Tracey Kimberly explores the recent increase in RFEs for EB‑5 I‑526E petitions, highlighting heightened USCIS scrutiny of source-of-funds documentation—particularly in cases involving loan-based investments and property sale proceeds.
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Partner Rick Lamanna outlines Canada’s entry requirements for the FIFA World Cup 2026, highlighting visa and eTA processes, border expectations and special measures for participants to help travelers prepare for seamless entry during the tournament.
Media mentions
Partners Aaron Blumberg and Daniel Pierce discuss how a US pause on processing certain work permit applications including OPT creates uncertainty for international students and employers while early court rulings offer limited case-specific relief.
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Media mentions
Partner Rick Lamanna discusses Canada’s expanded citizenship by descent rules extending eligibility to potentially millions of people worldwide with only distant ancestral ties.
Awards
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