A court battle with big implications for some 34,000 foreign workers in the U.S. is turning into a nail-biter. In one month’s time — Feb. 12 — these workers may be forced to stop working and will have little choice but to buy tickets back home.

The Department of Homeland Security (DHS) recently filed a motion asking the court to extend that deadline 90 days, until May 10. This extension is opposed by the plaintiff, the Washington Alliance of Technology Workers (WashTech).

A decision is due by U.S. District Court Judge Ellen Huvelle in Washington.

The affected workers are employed under the Optional Practical Training STEM (science, technology, engineering and math) extension. All foreign students are eligible to work on a student visa for 12 months under the OPT program. But a 2008 rule enables STEM students to work an additional 12 months. The STEM extension is controversial because it’s seen by its critics as a way to circumvent the H-1B cap limits.

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