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President Biden hands another win to H-1B holders and Indian students in the US

Two developments in immigration law bring happy tidings: a court challenge to OPT and STEM OPT extension has failed; and the US Department of Labor (DOL) has delayed to May 14, 2021 (beyond the H-1B lottery deadlines) implementation of the regulations affecting disproportionate wage hikes for H-1B and green card petitions.

The OPT (Optional Practical Training) program provides one year of work authorization to students who finish their degrees. The law requires that the students must work in their own field for no less than 20 hours each week – paid or unpaid. Full time employment is permitted, but not required.

The STEM (Science, Technology, Engineering, Mathematics) graduates can extend their OPT for another two years, giving them a total of three years to work in the USA. The rules for the extension are tougher and a lot more like H-1B visas.

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