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Court okays IT worker lawsuit over student visa work program

Patrick Thibodeau | Nov. 25, 2014
The lawsuit alleges that the OPT program is a conduit for low-wage labor and unfair job competition.

John Miano, an attorney involved in the case and founder of the Programmers Guild, said the DHS "knew when they promulgated the OPT expansion that it was illegal."

The justification for the 17-month expansion of OPT for STEM workers "was a 'critical shortage' of STEM workers," said Miano, adding that the DHS had "no objective evidence to support the claim of a worker shortage."

Miano said the only justification of a worker shortage is from one government study that made no such conclusion, the Rising Above the Gathering Storm report from 2007.

Now, the government will have to explain "where in the cited reported does it say there is a critical shortage of STEM regulations?" said Miano. And with that, "the regulations fall apart."


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