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U.S. Supreme Court

Case Status

Docket Number

Term

Cert. Denied

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Questions Presented

1. Are the statutory terms defining nonimmigrant visas in 8 U.S.C. § 1101(a)(15) mere threshold entry requirements that cease to apply once an alien is admitted or do they persist and dictate the terms of a nonimmigrant’s stay in the United States?

2. When Congress has enacted a statutory scheme governing a class of aliens in the Immigration and Nationality Act, is the Department of Homeland Security’s power to extend employment authorization to that class of aliens through regulation limited to implementing the terms of that statutory scheme?

Case Updates

Supreme Court denies review in business groups’ successful defense of Optional Practical Training student visa program

October 02, 2023

Order Denying Cert.

The Chamber intervened in the district court to defend the program and has participated throughout district and appellate proceedings.

U.S. Chamber and coalition of intervenors file brief opposing Supreme Court review in business groups’ successful defense of Optional Practical Training student visa program

August 04, 2023

Click here to view the brief.

The Chamber intervened in the district court to defend the program and has participated throughout district and appellate proceedings.

Paul W. Hughes and Andrew A. Lyons-Berg of McDermott Will & Emery LLP and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber.

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