OPT Class Action Settlement Will Help US Retain Talent

By Lindsey Steinberg (September 20, 2021, 5:13 PM EDT) -- A class action, Li v. USCIS, filed in February against U.S. Citizenship and Immigration Services settled in July. The lawsuit alleged an impermissible delay in processing employment authorization document applications for post-graduate optional practical training, or OPT, as well as science, technology, engineering and math, or STEM, OPT extensions.

Eighteen named F-1 students who had applied, or planned to apply, for employment authorization asserted that the delay in processing caused them and other similarly situated students irreparable harm. This harm included potentially subjecting them to removal from the U.S. when the grace period following their education program ended, and loss of...

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