In the case of Washington Alliance of Technology Workers v. Department of Homeland Security (Docket No. 22-1071), the petitioners have challenged the statutory authority of the Department of Homeland Security (DHS) to extend employment authorization to nonimmigrants in the United States, specifically addressing the Optional Practical Training (OPT) rule for international students on F-1 visas.

The case, currently a pending petition, questions

(1) whether the statutory terms defining nonimmigrant visas in 8 U.S.C. § 1101(a)(15) persist and dictate the terms of a noncitizen’s stay in the United States post-admission, and

(2) whether DHS's power to extend employment authorization to that class of noncitizens through regulation is limited to implementing the terms of the statutory scheme set by Congress in the Immigration and Nationality Act.

The question will resolve positively if, by the end of 2023, the U.S. Supreme Court grants a writ of certiorari for the case, Washington Alliance of Technology Workers v. Department of Homeland Security (Docket No. 22-1071), thus agreeing to hear the case.

The question will resolve negatively if, by the end of 2023, the Supreme Court denies the petition, or if no decision on the petition for a writ of certiorari has been made. If the court dismisses the case for any reason, the question will also resolve negatively.