The US attracts talent from abroad through its visa programs

The US immigration system is quite broad and offers multiple alternatives for foreigners to gain work experience, study, find economic stability, and build a promising future.

That is why the US attracts thousands of foreign workers annually, including workers specialized in STEM (Science, Technology, Engineering and Mathematics) fields, which is an advantage for the country’s socioeconomic development and international competitiveness.

On many occasions, foreigners decide to come to the US to complete their higher education and possibly apply for an employment permit to stay in the country and gain work experience.

Do you need help with an immigration case of any kind? Feel free to contact Motion Law Immigration and schedule your Free Consultation.

The OPT program

For international students, there is a program available called OPT (Optional Practical Training), which allows them to work for up to 12 months in their fields of study.

Adding to that, applicants with degrees in STEM fields can apply to the STEM OPT Extension and work in the US for another 24 months, for a total of 3 years of work experience.

Legal process against the OPT program

There are several organizations that do not support the OPT program or the STEM OPT Extension as, in their opinion, the program creates an atmosphere of job competition and decreases opportunities for American workers.

For instance, WashTech (Washington Alliance of Technology Workers) filed a lawsuit in 2016, stating that DHS (Department of Homeland Security) did not have the authority or power to extend the OPT program and that the program itself violates local law.

This legal process has been open since then as both, plaintiffs and defendants, have challenged the accusations by their opponents and several courts have intervened in the case.

It is important to clarify that this is not the first time that WashTech files a legal complaint against the OPT Program. The first lawsuit dates back to 2014.

Adding to that, it is also essential to note that there are hundreds of companies and organizations that greatly support the OPT program and claim that foreign students bring great value and talent to the local market. That is the case of the US Chamber of Commerce, the National Association of Manufacturers, and the Information Technology Industry Council, who have supported DHS and other federal entities during the legal process against the OPT program.

Visit our Blog section to keep up to date with the latest immigration news.

Federal judge upholds the OPT program

On Thursday, January 28, 2021, a federal judge for the US District Court for the District of Columbia issued a Memorandum Opinion, stating that DHS has the authority to intervene in programs like OPT and extend the time allowed for international students to work in the country.

Adding to that, the federal judge states that “the Court notes that another member of this Court has previously addressed this same issue” and emphasizes the fact that international students have had the opportunity to gain work experience in the US since 1947.

This is extremely positive news for international students, who contribute greatly to the development of local colleges and universities, and had to face precarious situations under the Trump administration.

Start your immigration process as soon as possible

If you have any questions about an immigration issue or relating to a case you may have currently in progress, then please don’t hesitate to contact us for a FREE Phone Consultation with one of our expert immigration attorneys.

Simply call Motion Law today at: (202) 918-1799.