Uncertainty continues for the STEM Optional Practical Training program. Last November, we posted about the government’s release of a proposed new rule regarding the F-1 Optional Practical Training (OPT) program. At that time, the U.S. District Court for the District of Colombia had vacated Homeland Security’s 2008 interim rule on procedural grounds, creating great anxiety around the future of OPT program benefits. That order was stayed until February 12, 2016.
In December, Department of Homeland Security sought an extension of the stay through to May 10, 2016, arguing that it needs additional time to complete the rulemaking, train agency personnel, and properly advise the regulated community with respect to the rule, including foreign students, U.S. schools, and U.S. employers. This request for an extension of stay has been opposed by The Washington Alliance of Technology Workers (the other party to the proceedings). A decision is yet to be reached.
If an extension of stay is granted, the present uncertainty will not be resolved before the new H-1B application filing window opens on April 1, 2016.
Dayzad Law will continue to watch this space!
Please refer to our November 5, 2015 blog for more information.