Tech Union Lacks Standing In OPT Row, DC Circ. Hears

Law360, New York (February 25, 2016, 11:11 PM EST) -- The U.S. Department of Homeland Security lodged its final brief Thursday in the D.C. Circuit fight over optional practical training for foreign students, saying a technology workers union lacks standing and its members’ underemployment hadn't been shown to be linked to the program.

The DHS didn’t hold back in its latest response in the OPT dispute, telling the appeals panel that a lower court had properly shot down the Washington Alliance of Technology Workers’ “sweeping challenge” to the agency’s authority to allow foreign students to work.

However, the DHS argued that the district court judge should have chucked the suit at...

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