Update 3/14/2016 : SEVP unveils online STEM OPT Hub
Update 3/12/2016 : Petition Response follow up - Check Here
Update 3/11/2016 : The new STEM OPT rule was published in federal register.
Update 3/2/2016- We are expecting the new STEM OPT rule to be published on 10th March 2016.
Update 2/6/2016- Really Big news coming in. ICE has completed the draft and has submitted the draft to OMB for final rule . ICE submitted the draft to OMB on 5th February 2016.
So in the timeline of events these have been achieved :
Oct 2, 2015 – DHS submits Proposed Rule to OMB for ApprovalOct 14, 2015 – OMB Approves the Proposed RuleOct 19, 2015 – Public Comments on Rule Making startsNov 18, 2015 – Public Comment Period EndsDHS reviews the comments to prepare the Final RuleDHS submits the Final rule to OMB for Approval- OMB Approves Final Rule
- DHS Published the comments to Federal Register
- Date when Rule goes into Effect
Update 1/23/2016 - Good news for all students. Judge has granted DHS extension until May 10,2016.
Access the full document here : http://bit.ly/1JtvOre
Update 1/21/2016 - No decision today on OPT STEM Extension in the court hearing according to Attorney Toniello ( posted on Twitter). Stay tuned.
Update *1/20/206* - Tomorrow is going to be a big day. A motion hearing will be held in the court tomorrow 1/21/2016. The hearing will be held at 3:00 Pm tomorrow. This motion will address the issues raised by defendant's pending rule 60(b)(6) motion.
Stay tuned and watch out for this space and we will update what court says tomorrow.
Update 1/14/2016 - DHS replies back to Washtech .
Here is the summary
1) The Court should reject Plaintiff’s opposition brief in its entirety. As a threshold matter, the Court has jurisdiction to modify its order on August 12, 2015 and extend the stay of vacatur of the 2008 STEM OPT Extension rule by ninety (90) days through May 10, 2016. Moreover, extraordinary circumstances exist justifying the limited relief that DHS seeks under Rule 60(b)(6). The Court, therefore, should grant DHS’s motion and extend the stay of vacatur through May 10, 2016.
2) This is big
In the event the Court denies DHS’s Rule 60(b)(6) motion, the agency respectfully requests that the Court clarify that its vacatur will not affect the legal status of F-1 students holding unexpired employment authorization documents (“EADs”) granted under the 2008 STEM OPT Extension rule, and their dependents. Such an order of clarification is appropriate in light of the interests of many F-1 students, their schools, and their employers, and would help DHS ensure that it is in full compliance with the Court’s order. Moreover, it will assist interested parties greatly as this case continues to move forward.
3) Because vacatur of the 2008 STEM OPT Extension rule on February 12, 2016 will directly affect tens of thousands of F-1 students, along with hundreds of U.S. schools and technology sector employers, DHS respectfully requests the Court issue a decision on its Motion for Limited Relief under Rule 60(b)(6), ECF No. 47, as expeditiously as possible
Update 1/13/2016 - Few schools DSO's ( we have heard of two ) have started sending emails to students who are working on Stem Extension that they have to stop working after 12th February 2016. It was confirmed from the school ( Purdue in this case) that they have not received any confirmation from DHS or USCIS and they just wanted to send out a notice to students .
Still nothing is confirmed and we all are eagerly waiting to hear back. It is high time now when USCIS and DHS should post something on their website which will come as a relief ( hoping of something positive) to all the students who are eagerly waiting to know what would happen to their status on 13th February 2016.
As you all know that court revoked OPT STEM Extension in 2015. So where do we stand right now as we all are eager to know the latest update on STEM Extension.
First of all if you are not aware of the case or you want to refresh your memory on this news please take a look here : OPT 17 Month Stem Extension Breaking News - Revoked or not? and New OPT STEM Extension Rule Available
The deadline given by the court to DHS was February 12 2016. The deadline is approaching quickly and thousands of F-1 International students are left wondering on what would happen to their status on 13th February. If the rule is vacated then you would get 60 days to leave the country . We all hope that this should not be the case and we are eager to get directions from DHS regarding the same.
As you all know that Judge vacated the 2008 rule allowing STEM students to work on OPT STEM Extension but a stay was put on this until February 12, 2016.
DHS proposed a new rule and was published in Federal register on October 19th. There was a whooping 50,500 comments submitted for this rule. This has only happens third time since the in the history of DHS. The rule is a significant rule therefore it must have a 60 days delayed effective date which essentially means that there is no way that DHS would be able to meet the 12th February 2016 deadline.
USCIS has yet to explain to students currently on STEM Extension what would happen to their status after 12th February.
DHS has asked court to extend the 12th February deadline to May 10th so that they can have sufficient time to review all the comments and publish the final rule. The court has granted WashTech until January 11th to file their response in opposition to the DHS request for more time.
We will have to wait for Court's decision. I hope that the court will grant the request for more time considering all the consequences which can happen to students who are currently in their STEM Extension .
Stay tuned and look out for this space for latest news and updated on OPT STEM Extension.
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You would also want to look at my article : H1-B 2017 Visa Prediction
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