Breaking News – 17 Months STEM OPT Extension is Revoked and Cancelled by the by Federal Court.
- This rules is valid until Feb 12, 2016.
- DHS has time till then to respond or file an appeal.
Get the Latest Updates and News:
17 Months STEM OPT Extension Revoked
This is going to IMPACT STEM degree holders BIG Time with H1B Visa lottery affecting the possibility of getting work visa.
Background on OPT
- OPT stands for Optional Practical Training.
- This lets Students on F1 Visa studying in U.S.A. get EAD (Employment Authorization Document).
- EAD lets F1 students work in USA after completing graduate degree for period of 12 months.
17 Months STEM OPT Extension
- 17 Months STEM extension was added to 12 Months Initial OPT period back in 2008
- STEM stands for Science, Technology, Engineering and Maths
- STEM Degree graduates from U.S. Universities and Colleges can get additional 17 months OPT.
Opposition to STEM OPT Extension
- Some opponents argued that 17 Months STEM OPT Extension is backdoor for H1B Visa and it violates Labor Laws (which H1B visa is subject to).
- Plus, some employers take advantage of this OPT to not follow the labor law of minimum wage for specific position in specific location.
Lawsuit Against STEM OPT Extension
- Opponents: Washington Alliance of Technology Workers, a collective-bargaining organization that represents science, technology, engineering, and mathematics (“STEM”) workers,
- They sued the U.S. Department of Homeland Security (“DHS”).
- Challenging the interim final rule by DHS on April 2008 to allow 17 months OPT Extension
Court Document Summary:
Argument Against STEM OPT: .. alleges that the OPT program exceeds DHS’s statutory authority and conflicts with other statutory requirements, including the labor certifications related to H-1B visas
Ruling by Federal Court Against STEM OPT
- The Court will Revoke the 17-month STEM extension described in the 2008 Rule.
- Current 17 Months OPT Rule will be valid until February 12, 2016
Not One but 3 RULES
- STEM OPT Extension rule is Vacated. But, it’s Valid till February 12, 2016.
- F1 Visa (OPT) to H1B Visa Cap Gap will not be Automatic.
- OPT cannot be applied during 60 Days Grace Period.
Why three Rules?
Above 3 Rules were passed as a Bundle back in April 2008. Now, court’s order vacated them.
What DHS Can Do?
DHS SHOULD start New Rule Making process as per the Law to fix the Court Order within next 6 months. If not, what would happen?
Until DHS does that or files an appeal, this is Rule is considered Vacated (or Void). In dramatic term – Revoked.
Here’s why I’m worried?
You guys have NO Idea, how long Rule Making Takes.
Just head to H4 EAD Rule Making timeline. I hope there’s a faster way for Rule Making to be completed.
If you read the article, you can see that I mentioned the “Economical Significant”. That “concept” cannot be applied to This Rule Making Process to speed the Rule Making.
By now you are wondering what is Rule Making. Stay Tuned. I will provide more details About that as well in a video.
How Can You HELP?
First, Sign-up for Email Updates ( sign-up box is below this Article )
You MUST Take Active ROLE to speed-up this RULE Making Process. I will send you instructions on What, When and How to Do.
For that to happen, I should to be able to communicate with you. So, sign-up for Email Updates.
I took Active Role in H4 EAD Rule Making Process. I’m aware of the this Process and how you can help as well.
Federal Ruling Document
What Happens Next:
Stay Tuned for further details on STEM 17 months OPT Extension Revoked by the Court.
This is Breaking News. I will be updating this article as more information becomes available.
What questions do you have about this ruling?
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