Supreme Court Rejects IT Worker Challenge of OPT Program

dcblogs writes: The U.S. Supreme Court declined to hear a challenge against the Optional Practical Training (OPT) program, which allows STEM graduates to work in the U.S. for up to three years on a student F-1 visa. John Miano, the attorney representing WashTech, the labor group that brought the appeal, called the decision "staggering." He said it "strips Congress of the ability to control nonimmigrant programs," such as OPT, the H-1B program, and other programs designed to provide temporary guest workers. In the most extreme example of what the decision may allow, Miano said it theoretically enables the White House to let people on tourist visas work. The decision "gives more authority to the federal government to do what it wants," he said. The OPT program permits STEM (Science, Technology, Engineering, and Math) graduates to work for up to three years under a student F-1 visa. Critics of the program said it brought unfair competition to the U.S. labor market. Ron Hira, an associate professor of Public Policy at Howard University, said the U.S. administration of the OPT program is so poor that "the program has effectively no controls, accountability, or worker protections." A group of Senate Republicans, including U.S. Sen. Ted Cruz, argued in briefs filed with the court that the federal government was using the OPT program to sidestep the annual H-1B visa cap. More than 30 Republican House members also filed a brief in support.

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