H-1B Visa holders and Students Get Another Relief Under Biden’s Presidentship

Photo Courtesy: President Joe Biden-Facebook

As great relief to the Indian students in the US, a court has turned down a lawsuit which challenged OPT (Optional Practical Training) and STEM OPT extension, a report in Economic Times said.
The OPT program gives one year of work authorization to students who complete their degree studies. The law needs the students to work in their own field for no less than 20 hours each week – paid or unpaid. Full time employment is also allowed, but not required.

The STEM (Science, Technology, Engineering, Mathematics) graduates can continue their OPT for another two years, giving them a total of three years to work in the USA after following the completion of the studies. The rules for the extension are tougher and a lot more like H-1B visas.
According to a report by the Economic Times, the court ruling on these two programs can be challenged but reversing it is improbable.

US Department of Labor (DOL) had earlier postponed implementation of the Trump Admin’s wage rule to May 14, 2021.Therefore Trump administration’s  final H-1B visa wage rule may not come into force in this filing season, which is going to start in March.

The rule which was issued by Trump admin in the federal register was expected to take effect from March. But due to the new President’s decision it may only come in to force on May 14, if only it is approved.

The wage hike could have adversely impacted not just the technology sector, but also educational and research institutions and smaller hospitals, if it is implemented.

“This proposed delay of 60 days will allow agency officials the opportunity to review any questions of fact, law, or policy, the rule may raise,” says the US department of labor (DOL). Meanwhile, DOL will be seeking public comments on this extension, a Times of India report said.