In Boston, U.S. District Judge Julia Kobick heard arguments on 12 November in Association of American Universities v. DHS, a lawsuit that challenges an August policy memo narrowing Curricular Practical Training (CPT) for F-1 students and tightening eligibility for H-1B cap-gap extensions. Four higher-education groups claim the memo—issued without notice-and-comment rulemaking—clashes with 35 years of agency practice and threatens thousands of elective internships. Universities such as Stanford, UCLA and the University of Pennsylvania have already paused CPT authorizations that are not degree-required. Plaintiffs asked for a nationwide injunction, arguing the memo will deprive international students of critical work experience and make U.S. programs less competitive globally. Justice Department lawyers countered that the guidance merely clarifies existing rules and prevents abuse. Judge Kobick took the request under advisement but signalled concern about sudden policy shifts issued outside formal rulemaking. A ruling is expected within weeks. Should an injunction issue, schools may reinstate paused CPT approvals and students will regain access to spring-semester internships. Employers relying on CPT talent, particularly in STEM co-op programs, should monitor the docket and maintain alternative staffing plans in case the guidance remains in force. The case underscores how agency memoranda—though not formal regulations—can disrupt mobility pipelines overnight and why stakeholders increasingly litigate to preserve program stability.
Source: El-Balad
