CADC Upholds OPT Rule: Washtech v. DHS

Washtech v. DHS (2-1)

"[W]e affirm the judgment of the district court sustaining the OPT Rule’s authorization of a limited period of post-coursework Optional Practical Training, if recommended and overseen by the school and approved by DHS, for qualifying students on F-1 visas. ... The OPT program is ... a valid exercise of the Secretary’s statutory authority. ... Washtech’s claim that the OPT Rule conflicts with the congressional prohibition against unauthorized aliens’ employment therefore fails. ... [A]ny ambiguity in the scope of the time-and-conditions authority counsels deference to the Executive’s interpretation. ... For the foregoing reasons, we affirm the district court decision denying Washtech’s motion for summary judgment, granting the Department’s and Intervenors’ motions for summary judgment, and denying Washtech’s motion to strike."