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D.C. Appeals Court Finds in Favor of DHS in WashTech OPT Litigation
District Court Denies WashTech Bid to Toss Optional Practical Training for International Students (Nov. 30, 2020)
The Washington Alliance of Technology Workers union (WashTech) has been litigating in the U.S. District Court for the District of Columbia since 2016 against both the 2016 24-month STEM Optional Practical Training (OPT) rule and the standard 12-month post-completion OPT rule, raising many of the same substantive issues it raised in a prior, unsuccessful suit against the 2008 17-month STEM OPT rule.
In a November 30, 2020 order, the district court denied Washtech’s motions of summary judgement and granted the Department of Justice’s cross-motions for summary judgement. An opinion explaining the reasons for the court’s decision is expected in the next 60 days. Importantly, the court’s order is not a final order subject to appeal, and thus this stage of litigation is not yet ended. If the court's eventual final judgement is—as expected—consistent with the order on the motions and goes against Washtech, Washtech could file a notice of appeal within 60 days of the final judgement.