America’s Work Permit Program For Foreign Students Allowed To Stay: Big Win For Indian Students, H1B Visa Jobs

The foreign student work permit program, the OPT will not be canceled, as ruled by a federal judge.

The program was being challenged by a union of technology workers from the US. 

As we all know, the OPT program is often a stepping stone that inches a person one step closer to the H-1B visa. Under this program, foreign students and graduates are given up to three years to live and work in the US.

Read on to find out all the details!

Lawsuit Filed Against OPT Program And Workers; Demand To Declare Program Illegal

Many of the technology behemoths in the Bay Area had also taken part in the whole ordeal, trying to protect the Optional Practical Training program (OPT). Some of these big names included Google, Apple, Facebook, Uber, Tesla, HP, Oracle, and Salesforce. 

Last year, in a court filing, they had argued that the program also resulted in increased job opportunities for American workers by creating economic activity.

A case was filed against the U.S. Department of Homeland Security in 2014 by The Washington Alliance of Technology Workers. The lawsuit claimed that the agency used the OPT program to find a loophole and get around the numerical cap on the H-1B visas.

As per reports, the lawsuit also claimed that the OPT workers had an unfair advantage as employers dont have to pay Medicare and Social Security taxes for them. 

The lawsuit demanded that the program be declared illegal and end OPT work immediately.

Washington District Court Judge Rules Against The Lawsuit; Will Provide Reasons In 60 Days

However, Washington, D.C. U.S. District Court Judge Reggie Walton ruled against this lawsuit filed by the union known as WashTech. He has also announced that the reasons for the same will be provided within 60 days. 

Walton also said that the order that he has ruled will dispose the matter before him however it will not be considered as final until he has issued all his reasons. He has also specified that any appeal will have to be filed after the final order.