What may become one of the most detrimental court opinions to foreign national students, U.S. employers, and the U.S. economy, can be read in its entirety in the heading link. The decision will adversely affect the aforementioned as follows:
- On February 12, 2016, F-1 STEM work authorization will immediately terminate. This will affect both F-1 students who currently hold STEM OPT as well as individuals who would be eligible for STEM OPT as of February 12, 2016.
- H-1B/F-1 cap gap will no longer be automatic but will depend upon DHS taking affirmative action to make a formal announcement when the H-1B cap is met and then must publish notice in the federal register.
- F-1 students will no longer be permitted to apply for work authorization after graduation, accelerating the time by which they must secure an offer of employment.