The U.S. Supreme Court has finally put an end to the litigation that has dogged STEM OPT for years. On October 2, 2023, the Court refused to hear the technology workers’ union’s challenge to the Obama-era program that allows graduates in STEM fields to work in the United States for up to three years.
The WashTech union has been challenging the validity of STEM OPT (and OPT) since 2014, alleging the program harms U.S. workers. In October 2022, the U.S. Court of Appeals for the D.C. Circuit held the programs were valid. Then, in May 2023, WashTech petitioned the Supreme Court for review. With the Court’s denial, the appeals court decision stands and it seems the case has finally come to end. The programs will stand.
This is good news for the foreign nationals who highly value the post-graduation programs and companies in the STEM industries who continue to struggle to find enough highly skilled workers.
If you have any questions regarding OPT or STEM OPT, Jackson Lewis attorneys are available to assist you.