OPT STEM EXTENSION UPDATES
*UPDATE 10/11/2015* - GREAT news . As you know that DHS has sent new OPT rule to OMB for Review
On October 7th 2015 , Secretary of Homeland Security Jeh C. Johnson announced this :
Since this was announced 4 days back we should see the new proposed rule in 26 days. This is a great news for all students working on OPT and new students coming to USA for their studies.
"Within the next thirty days we will provide public notice of a proposed rule to strengthen the program that provides optional practical training for students in STEM fields studying at U.S. universities."
You can find the detailed announcement here : http://1.usa.gov/1G7bqKz . Narrow your search by searching "optional practical training"
Department of homeland security has sent its proposed new rule for OPT STEM Extension to OMB( Office of Management and Budget) .
The good news is that the notice of proposed rule making is expected to come in a few days or weeks. This will be followed by a comment time for public( Usually 30 or 60 days). We are not sure of the contents of the proposed regulation but the proposed regulation is expected to :
1) Re Authorize the STEM OPT Program
2) May provide some additional benefits taking into consideration the president executive action strategy which may include a longer duration of stem opt and may include a few more degrees and majors.
Timeline
Office of Management and Budget has maximum of 90- 120 days to review the proposed rule. Once the rule is published it will be pen for public comments for either 30 or 60 days. The timeline should allow department of homeland security to meet the courts deadline of February 12,2016. Also its important to note here that DHS has the ability to request an extension on the February 12,2016 deadline. If the new law goes public just before the deadline then it may cause ambiguity in student's mind who have received stem OPT or who have applied for stem opt before Feb 12 2016.
Background
As you know that the federal court has put a stay on it till February 12, 2016.
A DC Federal judge said that the 2008 DHS rule which allows the F1 Student to stay in US for 17 more months after his 12 months of post completion OPT period is deficient.The judge mentioned that the deficiency in the process was really serious and this requires OPT Extension to be cancelled or revoked. But the court realized that if this rule is placed in effect immediately then thousands of non immigrant students who are working in USA and are on their F1 Visa would have to depart from US. This would in turn impose a burden on the Tech Sector financially. Therefore the court has put a stay on it till February 2016.
The new regulation is expected to re-authorize STEM program and it is possible that it may provide some additional benefits taking into consideration the president executive action strategy which may include a longer duration (36 Months) of stem opt and may include a few more degrees and majors.
I will keep you posted as soon as I get more information. Good Luck!
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You would also want to look at my article : H1-B 2017 Visa Prediction
Labels: 17 month OPT stem Extension Revoked,Opt stem extension cancel,opt stem extension vacated, court notice opt stem extension revoked , opt stem extension breaking news
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