April, 19, 2019 The U.S. District Court for the District of Columbia dismissed a legal challenge to the 2016 STEM Optional Practical Training (OPT) rule, finding that although the plaintiffs had standing to challenge the rule, they failed to state a claim upon which relief could be granted as required by Federal Rule of Civil Procedure 12(b)(6). Because of this decision, there is currently no live legal challenge to the STEM OPT rule. There is no indication yet as to whether this decision will be appealed. (Wash. Alliance of Tech. Workers v. DHS, 4/20/17)
Earlier on May 13, 2016 the D.C. Circuit Court had dismissed the appeal of the Washington Alliance of Technology Workers (WashTech) and vacated the judgment of the U.S. District Court for the District of Columbia, holding that WashTech’s challenges to DHS’s 2008 STEM OPT interim final rule—including the argument that the 2008 rule reopened the 1992 rule—are moot, because the 2008 rule is no longer in effect. DHS’s new final rule that allows certain F-1 STEM students who have elected to pursue 12 months of optional practical training (OPT) in the United States to extend the OPT period by 24 months took effect on May 10, 2016.