Lawsuit put OPT for F1 students in jeopardy

[Andy Nguyen]

This case is of most interest to many of our QuantNet audience here since most of them will need to get OPT for internship and post graduation job opportunities. This case may eliminate the OPT program causing extreme hardship or virtually impossible to get a job after their MFE degree.

The Washington Alliance of Technology Workers has sued the Department of Homeland Security (DHS), arguing that OPT is unlawful. This plaintiff has brought a handful of cases against DHS; its goal is to declare OPT – a program that has existed in some form for more than seven decades – unlawful.

The court case in the U.S. District Court for the District of Columbia is separate from a potential Trump administration rule that may restrict Optional Practical Training, which currently allows international students to work for 12 months after graduation and 24 additional months in science, technology, engineering and math (STEM) fields. A summary of the administration’s rule proposal states: “ICE [Immigration and Custom Enforcement] will amend existing regulations and revise the practical training options available to nonimmigrant students on F and M visas.” (August 2020 is the date targeted for a proposed rule.)

The fate of Optional Practical Training is at issue in this case. The question is whether each year 100,000 or more international students may graduate from the best colleges and universities and complete their education in the United States by working for American companies. The alternative – the result the plaintiff seeks – is to shut this enormous talent pool out of the U.S. economy, causing these students to take their talents abroad.

Key Developments In Court Case To End OPT For Foreign Students

An important case will decide whether foreign students can continue to work for companies in the U.S. on Optional Practical Training.

www.forbes.com

 

[IntoDarkness]

it might be bad news for quantnet's business but i have never seen shortage of qualified domestic candidates

 

[Bryce E]

This case is of most interest to many of our QuantNet audience here since most of them will need to get OPT for internship and post graduation job opportunities. This case may eliminate the OPT program causing extreme hardship or virtually impossible to get a job after their MFE degree.

Key Developments In Court Case To End OPT For Foreign Students

An important case will decide whether foreign students can continue to work for companies in the U.S. on Optional Practical Training.

www.forbes.com

Thank you for this post, definitely something I will have to follow closely in the coming months

 

[mark_z]

this isn't so good

 

[Andy Nguyen]

Google Stephen Miller for more information.

 

[mark_z]

Google Stephen Miller for more information.

I meant the situation btw, not the article or the reference you're amazing Andy, as usual

 

[Andy Nguyen]

i have never seen shortage of qualified domestic candidates

Directors of every MFE program will want to talk to you about it. Getting qualified domestic candidates interested and applied would be their top priority.

 

[ZFL]

This is not good for international students.

 

[Ahududu]

This is not good for international students.

definitely good for natives

 

[Chilbal]

This kind of discussion has been going for years.
nothing is gonna change.
They would lose billions from international student fees and a severe shortage of professionals
UK already started their 2 year extension
so US would never dare to do such a thing it can literally crumble their economy

 

[QuantQuestion]

Redirecting

www-wsj-com.cdn.ampproject.org

 

[Onegin]

definitely good for natives

“native” here - not good from my point of view. Most of our nations pensions assets are managed professionally. At the shop I worked at, > 95% of the research team hired were international. Not because they were “cheaper”, but because they were the most qualified. I want my parents’ pension to have the best talent at the helm. I want to compete with the best in the world for a job. If I can’t compete, that’s on me.

I see the imbalance of US born vs international students in MFE programs and in the field to be a function of the atrocious and uneven primary education system In the US and infantilizing tendency at the undergrad level. The jobs out of an MFE are great, and I think a lot of US students would love them. Except they bought into a lot of bullshit about a happy childhood being stress free, and as such aren’t very prepared. At least that was my situation for a long time.

The answer is to improve our education system, but that would take time and effort. Canceling OPT tries to address the symptom, not the cause.

 

[QuantQuestion]

Trump Suspends Visas Allowing Hundreds of Thousands of Foreigners to Work in the U.S. (Published 2020)

The move is fiercely opposed by business leaders, who say it will block their ability to recruit critically needed workers from countries overseas.

www.nytimes.com

 

[Andy Nguyen]

Looks like the OPT/CPT is not affected by this so great news for many students on F1 visa.

 

[mez]

Looks like the OPT/CPT is not affected by this so great news for many students on F1 visa.

True, but no H1B this year for those who are outside, and if Trump wins, we might not have H1B next year, andddd OPT won't be too hard to suspend, I am not a lawyer, but I have heard that I could be done through an executive order. Thattttt being said, the economy isn't doing so good right now, unemployment number are around 50 million people in the US right now!!! Would companies really hire international students? It's hard right now as it is.

 

[Andy Nguyen]

Judge throws out Trump rules limiting skilled-worker visas

Judge Jeffrey White in California said the government didn't follow transparency procedures and its contention that the changes were an emergency response to job losses didn’t hold water.

www.nbcnews.com

The changes applying to the H-1B visa program announced in October include imposing salary requirements on companies employing skilled overseas workers and limits on specialty occupations. Department of Homeland Security officials deemed it a priority because of coronavirus-related job losses and estimated as many as one-third of those who have applied for H-1B's in recent years would be denied under the new rules.

 

[noether-skolem]

Judge throws out Trump rules limiting skilled-worker visas

Judge Jeffrey White in California said the government didn't follow transparency procedures and its contention that the changes were an emergency response to job losses didn’t hold water.

www.nbcnews.com

Is this the one that substantially increased the min salary to qualify for H-1B? I suppose it's good news for international students looking to get some working experience in the US.

 

[jeffsnguyen]

it might be bad news for quantnet's business but i have never seen shortage of qualified domestic candidates

I don't think one could see much under a rock.

Regarding the "wage increase":
I had an immigration lawyer explained it to me. They did not technically increased the min. The rule--that has been in existence for quite some times--is that H1Bs must make "prevailing wage". This is to deter companies from hiring internationals because they are willing to work for less. It's fair and makes total sense. This prevailing wage, historically, is based on market data. Again, totally fair. Any job that doesn't have market data, it is default to director level, which is 200k (iirc).

What these clowns did, and quite nefarious, is that they got rid of the market data--i.e. you cannot find data for an Investment Banker in NYC (ridiculous)--and so everyone is defaulted to 200k. Few people came out of school can command 200k.