DHS STEM OPT Extension Rule Survives Legal Challenge
Monday, April 24, 2017

Finding that although the F-1 visa plaintiffs had standing to sue and that their claim was ripe, they had not alleged sufficient facts to support their claim, Judge Reggie B. Walton of the U.S. District Court for the District of Columbia has ruled, upholding the Department of Home Security’s 2016 STEM OPT Rule Program in a detailed opinion. Washington Alliance of Technology Workers v. DHS, No. 16-1170 (D.D.C. Apr. 19, 2017).

The court granted the government’s motion to dismiss, concluding that the rule was within the statutory authority of the DHS. No word yet on whether the ruling will be appealed.

 

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