News JUDGES RULES IN FAVOR OF F-1 STUDENTS ON OPT, RULES OUT APPEAL BY TECH EMPLOYEES UNION

Judges rules in favor of F-1 students on OPT, rules out appeal by tech employees union

14 May, 2016

Judges rules in favor of F-1 students on OPT, rules out appeal by tech employees union
Itís an important win for overseas students on F-1 student visas in the US, who avail OPT to get important job experience and to avail job offers and PR, court has ruled out an appeal by tech employees union who attempted to overturn a DHS regulation for granting OPT for three years and more to few students in the STEM fields.

After a latest regulation that came into force from 10th May. The US DHS has changed an old regulation leading the OPT for students on F-1 visa. The amendments include asking the employers to give academic training when providing job to the students on OPT program.

As previously reported, the tech employees has told the three judge panel for keeping  their challenge alive to the DHS regulation and prevent the latest regulation from coming into force on 10th May.

The mid issue in dispute was whether the DHS could efficiently change the F-1 student visa program into guest employee program.

Under the OPT, few F -1 students in STEM streams could temporarily do job in the US, even when they are no longer students. The latest regulation now let these graduates on STEM to extend their OPT duration of a year to an additional two years, making it a total of three years. They could get another two years of OPT if they got another degree from recognized university in the US.

DHS argued that the confront by technology employees union is controversial as the latest regulation has different regulations to it and that includes component for employers to give academic training too as part of their job offer to F-1 students on OPT.

The DHS attorney has asked the appeal court to rule that suit was no longer feasible; the 2016 regulation replacing it is substantively dissimilar. The court had agreed with that.

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Tags: students, study

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