ITServe Alliance Filed A Case Against USCIS Rule

July 18, 2018


ITServe Alliance, a platform for more than 1000 IT Companies in USA has filed a petition in the district court for the Northern District of Texas, Dallas division on July 14th challenging the policy changes in STEM OPT of the USCIS. 

International students and thousands of companies in US are already badly suffering with the several restrictions being implemented in issuing the H-1b visas. ITServe alliance fears that the latest change in policy may lead to severe crisis in the industry as it is prohibiting the international students from working for the third parties.

Generally, students who arrive to US on F-1 student visas, after completing their masters degrees are allowed to work in the companies on OPT (Optional Practical Training) for 12 months period. Once they finish their training successfully, they are allowed for another 24 months on STEM (Science, Technology, Engineering and Mathematics) OPT in the companies that will help them to apply for H-1b visas. 

During this STEM OPT process the companies in which they get trained may assign them tasks in the other companies (third parties) also. Generally, companies enter into agreements with the other companies for doing specific project works and finish that task with their employees. Hence, one company employees working at the other company sites (third parties) is inevitable. It is very common and general practice in the industry as it is a part of their day-to-day business.

However, following the major changes of the government’s immigration policies, USCIS also has recently changed the STEM OPT policy and it is mentioned in its official web site. According to it, under STEM OPT international students are not allowed to work for third parties and should strictly confine to the companies only in which they opted training.  

ITServe Alliance believes this will seize the opportunities of the international students and the engaging companies as well in obtaining the H-1b visas in the future. Hence, it filed a petition in district of Texas, Dallas division on July 14th challenging the policy changes in STEM OPT of the USCIS. 

ITServe Alliance explained the honorable court about the consequences of the change in the USCIS policy change and appeals the court to grant stay order on it.

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