The Supreme Court refuses to review pro-OPT court ruling

The United States Supreme Court on October 2 rejected an appeal for review of a Circuit Court ruling regarding the Optional Practical training program.

The OPT program, which is a large foreign worker scheme that is disguised as a program of education, is probably the second largest foreign worker program. It is only smaller than the H-1B for high-tech workers.

John Miano has been pursuing the case in federal courts and other venues for many years. He is a lawyer for the Immigration Reform Law Institute, and writes occasionally for the Center. Miano has argued the Bush II government had no right to establish the program without Congress’ consent, which they did. The Obama administration expanded the program, again through executive order. It has also been maintained by the Trump administration.

Recently, the D.C. Circuit Court ruled the OPT program to be legitimate and Miano’s team requested a writ certiorari. reported then. The Supreme Court can decide cases after hearing arguments or they can choose not to. This was the case in this case.

Miano asked if the Optional Practical Training Program, which allows foreign graduates of U.S. Universities to work in America for one year following graduation, could be extended by another 24 months if the majors were in STEM (science, technology, engineering and mathematics).

Employers in the United States like this program for three main reasons:

1. The government subsidizes this program by allowing employers to avoid paying the normal payroll tax of around 8 percent.
2. All alien graduates can apply, without the costs and uncertainty of H-1B.
3. OPT is often used by employers and workers as a stepping stone to the H-1B permanent program.

Miano made the point that OPT is displacing a large number of green card and citizen workers. Employers who hire American STEM workers are not exempt from paying payroll taxes. This exemption is only available to employers who prefer foreign workers.

Bush II created the program through a bureaucratic sleight-of-hand. They decided that alien college graduates (of our institutions), were still “students”, if they enrolled either in the one-year, or three-year versions of OPT. The Bush II administration created the program by a bureaucratic sleight of hand; they decided that the alien college graduates (of our institutions) were still “students”, if they enrolled in either the one-year or three-year version of OPT.

Employers who prefer foreign workers over citizen workers are not required to subsidise our elderly, sick and unemployed. This is a strange arrangement.

Miano made the following comments regarding the decision:

The following are the key holdings:

1. Nonimmigrant visa laws are strict entry requirements. DHS is given the sole power to determine the terms of entry for nonimmigrants to the U.S.
2. DHS may allow any visa to be used for work. DHS can continue to undermine protections for Americans within the immigration system.
3. The courts have finally validated the dinner party system of government that was created by the dinner party.

The last comment is about the widely accepted story that OPT was created at a Washington dinner event, around two decades ago. This gathering included government and industry officials.