we agree that there is some problem of some kind or another with the agency rule but we're not going to vacate the effectiveness of the agency will instead send it back to the agency for a fix or a do over a one day what have you but in the meantime the rule will continue in effect and when district courts do that we've said we're not going to review it until it comes back and then we look at the whole thing because it may never come that by two thousand it will actually go back and look at everything as if it was one nine hundred ninety two you look at it through the new rule that did the reopening and so you have to look at the policy through either the two thousand and eight will making that congress has said that has created these category for this very type of labor put specific limits on the numbers of workers created additional category of quota for foreign students second and third years which doesn't make any sense because the injuries that absolutely identical when he talked about finding a reparable are we going to need to find individuals in the united states who he claims are harmed by the twenty sixteen rule which he's going to sue about regardless of what would happen in this litigation if this court were to say that the two thousand and eight will was perfectly fine he's still going to file a lawsuit anyway under the twenty six the rule levels it is inevitable so he would find american workers who he claims have been harmed by the twenty sixteen rule and he would file a lawsuit and he could argue again he could argue the two thousand and sixteen rule let it remain there for australia understandably because they keep challenging something and feels like they prevailed and then but it didn't really prevail while your honor they only prevailed on the notice and comment part they didn't rule the employers now have to basically turn into an educator and have to have an educational plan in place before one of these over the extensions is going to be approved so they have to have it's kind of like you know the now we're going to give you a position at stanford to conduct research on this very these as that you've done and that is eight chua's i student type books on but that's not the situation they're complaining about what they're complaining about is people who have graduated from school or finish their coursework who are allowed to stay in the united states for up to three years and replace american workers for these jobs as an enron around the  category which is kept by congress and sixty five thousand in this is an end run by the executive branch because the executive branch under multiple administrations doesn't might be one cab because it limits the number of foreign workers in order silicon valley like the one caf that thousand and seven just as an example if you wanted to search you could find beds in the minneapolis tribune or whatever the paper is in two thousand and five we should let students were longer you know this there's you could go to congressional research service papers from the early two thousand  knew there was a regular bailable that allowed for practical training for education geared toward their major that's why it was trying to that would make any sense to create only educational opportunities for students that were not related to their allows people to work for all people for all purposes there is something unique about the stem fields that require more of an ability to purchase to get practical training you know it's one thing to say disputing that you have a theory for that category what i'm trying to understand is why if this really is all about education where the agency found in the past or you can tell me look at twenty sixteen if you want that outside th eliminated for a gives the secretary broad authority to set the pine and conditions for a visa but i think there certainly can be a point that the times and conditions could become sole untethered for wrong we're not going to say you can stay for eighty years and whatever you want but here's a key point and i'm sure the analogy my brother council made was the perfect analogy said could they just let visitors work and in fact congress actually spoke about this it's a if you cannot be a visitor here who's performing skilled or you a visa unless it's to attend the school that has but does this reporting it's a separate statute that talks about the reporting requirements that are known that what the school has to follow and that is that it was an act that in two thousand and one they are it's just longer attending the school places on this even system a notation that the student graduated and then the student what interface with this evil system you know that do the school when they're on this but i think the two thousand and sixteen rule actually rule isn't plain so we we prefer it to the duplicate under the new rule as opposed to under a rule that no longer exists and more importantly that we need to find people that actually show harm from the new rule we just can't presume that this new rules are and we shouldn't presume it here because this new rules actually going to place a lot of burdens on employers that maybe the employers will want to use the big board won't want to use this new rule as a matter of fact and so that might be might mean that there is no harm for the american of things and you don't actually show that there's an actual human being on this one distro only that there's one human being that's a programmer that's added to your competition they never know if you're in the chord though never heard of said that and so i actions of third parties illegal don't create standing that's that's what you've just described you describe a third party hack that's illegal that's not what creates the same what creates the ending is that the rule itself is increasing the