08/19/2008 - Student visa extensions recently adopted by USCIS to fill the Gap until H-1b petitions are approved may be safe for a little while longer. A preliminary injunction seeking a halt to such extensions has been denied by a US district court.

The underlying lawsuit, filed by the Programmers Guild, the Immigration Reform Law Institute, and others last year, argues that extensions on student visas result in harm to US workers. In specific, the extensions, which can be for 12 to 29 months, result in higher chances of obtaining H-1B visas for foreign students. The plaintiffs allege that this in turn results in job displacement, lack of opportunities, wage depression, and increased competition for US workers.

However, the preliminary injunction was not denied on its merits, but because the plaintiffs' standing to bring the case is questionable. The judgment states that the plaintiffs allege a "generalized grievance with a particular government policy" instead of a concrete injury. The Judge further requested that each party submit a brief by November 14 as to whether the plaintiffs have proper standing.

Currently there are 85,000 H-1B visas available each year, 20,000 of which go to foreign students who obtain advanced degrees in US universities.