The US Supreme Court has declined to consider a lawsuit that sought to eliminate a work authorization program widely utilized by foreign graduates of US universities. The Supreme Court’s denial of a writ of certiorari ensures that foreign graduates may continue working through the Department of Homeland Security’s Optional Practical Training (OPT) program, eliminating a source of uncertainty for students, universities, and employers alike.
Importantly, according to several Senators and some observers, the broader implication of the Supreme Court’s decision is to empower the executive branch with the authority to grant employment eligibility to a wide range of additional non-immigrants—in 22 visa categories—including the dependent spouses of principal non-immigrant applicants.