Supreme Court Upholds Optional Practical Training Program, Boosting Job Opportunities for Foreign Graduates

 The U.S. Supreme Court has declined to hear a lawsuit against the Optional Practical Training (OPT) program, a visa initiative that allows foreign students who graduate from U.S. colleges to work in the country for up to three years. The program, which benefited more than 117,000 students last year, gives graduates the opportunity to gain practical employment experience in their industries for one year, with the possibility of an additional 24-month extension for those in certain STEM fields.

The legal challenge against OPT was brought by the Washington Alliance of Technology Workers (WashTech), which argued that the program was created without proper congressional approval and created unfair competition among workers. However, the U.S. Court of Appeals for the District of Columbia Circuit upheld the program in 2022, and the Supreme Court's decision not to hear the case effectively ends WashTech's challenge. The OPT program is a significant attraction for international students, including a substantial number of Indians, as it is the only post-qualification work opportunity available to them in the U.S.

According to the Open Doors Report, there were 1.99 lakh Indian students in the U.S. for the year 2021-22, with 68,188 of them engaged in OPT programs. The program allows international students to gain valuable work experience in the U.S. after completing their studies, with STEM students receiving an extended three-year period. The Supreme Court's decision to uphold the legality of the OPT program is seen as a positive outcome by many, including Todd Schulte, President of FWD.us, a bipartisan political organization backed by prominent figures such as Bill Gates and Mark Zuckerberg.

Schulte stated that the decision is great news for the thousands of international students seeking to contribute their talents to the U.S. and for the country's future as a global innovation powerhouse. Numerous companies, including Apple, Cisco, Facebook, Google, Microsoft, Netflix, and LinkedIn, had previously filed an amicus brief in support of the OPT program, emphasizing its value in fueling the economy, enhancing competitiveness, and strengthening national security. While the OPT program's legality has been upheld, the Supreme Court will hear arguments in a separate lawsuit challenging the funding mechanism of the Consumer Financial Protection Bureau, a case that could have implications for higher education policy.