Since 1947, international students in the United States have been given employment authorization to engage in “practical training” within their field of study. This work authorization allows international students to obtain practical experience in their field of study as they launch their careers. Since a significant percentage of the students studying technical fields come to the United States on student visas from other countries, recruiting and retaining those students is a significant issue for employers hiring entry-level technical workers.
Some anti-immigration activists have been trying to make the program controversial, alleging it causes increased unemployment among U.S. technology professionals, and was created without statutory authority. A court challenge brought under the Administrative Procedure Act is pending in the U.S. Court of Appeals for the District of Columbia Circuit, after the district court found that authorizing practical training was within the U.S. Department of Homeland Security’s authority, but that DHS had improperly used the “interim rule” procedure in 2008 when expanding the length of time certain students could receive training in technical fields. The court then struck down the rule, but gave DHS until May 10 to promulgate a new rule pursuant to full notice and comment rulemaking.
