12.28.15

Court invalidates STEM OPT Rule

Posted in Changes in Law, Recent Decision, Students at 4:42 am by Lalita Haran

STEM OPT: DHS asks the Federal Court for extension of stay of vacatur of its decision invalidating the STEM-OPT rule till May 10th, 2016.

In August 2015, Federal District Court for District of Columbia invalidated and vacated the STEM OPT extension rule because in 2008, when the government issued these rules, it failed to follow the correct rule making procedure. This decision would take effect 6 months later, because the Court stayed its order until February 12, 2016 in the interest of F1 OPT students stating that the decision would cause hardship to the foreign national students currently on OPT who would have to leave the country immediately and would cause labor force disruption to the employers.

DHS has an easy fix for the situation and can re-adopt the rule upon following proper rule making procedure and is currently seeking this extension of time.

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