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What You Need to Know about the WashTech Decision and it’s Impact on STEM Graduates and OPT

If you’re reading this, you may already know about the WashTech decision issued in August 2015 ( https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2014cv0529-43 ) and what it is about – an effort to prevent foreign students from being able to take advantage of the additional 17 month extension on their Optional Practical Training (“OPT”) if their field of study falls into the STEM category (science, technology, engineering, or math).   This extension was based on a rule issued by the Department of Homeland Security (“DHS”) in 2008 whereby it gave STEM students a maximum of 29 months of OPT after graduation.                 In summary, the Court invalidated DHS’ 2008 OPT rule based on a procedural flaw in their rulemaking – they failed to provide the public with notice and an opportunity to comment in advance of issuing the rule, to which DHS responded that it was necessary for the economy and to allow...