As our regular readers will know, the DHS move to allow OPT extensions for STEM Students on F1 Visa was challenged in court, on grounds that the extension is a political move to allow alien workers to transition into H1-B status. However, on August 5th 2008, U.S. District Court Judge Faith Hochberg denied a preliminary injunction sought by the Programmers Guild, the Immigration Reform Law Institute and a few other groups.
The ruling was made on the basis of lack of evidence on the part of opponents of the extension i.e. no evidence of any political motivation that will hurt US workers can be proven by them. The Judge decreed that the plaintiffs have simply showed a generalized grievance with a government policy, with no legal basis. The parties now have until November 14th to file briefs as to “whether this case should be dismissed for lack of standing.” The claimants also have the option to appeal the decision. The ruling is being viewed as an indication to how the actual lawsuit against the U.S. Department of Homeland Security will fare.