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Suit Filed in 3rd-Party Location Dispute for OPT Holders

August 14, 2018

Immigration attorney Jonathan Wasden recently filed suit in the US District Court for the Northern District of Texas seeking to prevent USCIS from enforcing changes affecting international students. In April, the USCIS website was abruptly changed to prohibit international students on STEM OPT from working at third-party locations. The lawsuit focuses on the ability of the Department of Homeland Security to issue such blanket prohibitions without adhering to formal processes under the Administrative Procedure Act (APA),as well as the ability of DHS to apply new prohibitions retroactively that would penalize students for not complying with regulations that were not in place when work authorization was first issued.