Federal Court Vacated 17 Months STEM OPT Extension rule on august 13, 2014. Here’s the list of questions answered by Immigration Attorney Murali Bashyam from BashyamSpiro.com in this video interview about breaking news – 17 Months STEM OPT Extension is Revoked by Federal Court.
- Is the News Real or Fake?
- What does Vacatur mean from the Court Order?
- Why U.S. Federal Court Vacated 17 Months STEM OPT Extension?
- What is Rule Making Process? How long dos it normally take?
- Court Vacated the Rule and Put a Stay on the Rule, until Feb 12, 2016. Why?
- Does DHS have sufficient time to Publish the Rule?
- Do we know what DHS is planning to do next?
- What happens if DHS doesn’t have enough time to implement this Rule Making Process?
- If they have time, will the new rule include 6 years or OPT Period?
- How does this affect the current students in OPT?
- How does this impact the students who will file initial 12 months OPT?
Watch the Video Interview Below
Resources Mentioned in this Video
- 17 Months OPT STEM Extension is Revoked by Federal Court
- Ask an Attorney (via Email or Phone)
What Happens Next?
- As per the Interview above, DHS SHOULD be able to take care of this situation.
- Again, there’s difference between SHOULD and WILL.
- It’s unlikely for DHS to implement 6 years OPT Extension (as rumored).
- We don’t have any updates from DHS on how they are going to respond to this court ruling.
- We don’t know when DHS will publish an news update.
- Extending STEM OPT is part of President Obama’s Executive Action Plan.
As Murali stated, court orders go without much news coverage, but this news is HUGE for F-1 Visa students.
- Stay Tuned for Updates (via email, facebook fan page, RSS reader, Twitter)
- You can also subscribe to receive Email Updates from the Blog.
Here’s the Latest Email Sent to Students at Johns Hopkin’s University
The Office of International Services (OIS) at Johns Hopkins University is distributing this message to all students who have an active F-1 status in our records.
A court decision on Thursday, August 13, found that the Department of Homeland Security (DHS) made procedural errors in its processing of a rule that established the 17 month STEM Optional Practical Training (OPT) extension, making that rule invalid. The court decided, however, that enforcing this decision immediately would cause substantial hardship for F-1 STEM students and would create a major labor disruption for technology companies, so the court has delayed the enforcement of this decision until February 12, 2016. This allows DHS to submit the OPT STEM rule for proper notice and comment period.
As this court decision has just been released, DHS has not been able to determine its impact on current and future OPT applications and has not communicated any changes to international student offices. While we understand that students are anxious to have details on the validity of any current OPT that has been granted and the possibility of receiving future STEM extensions, OIS cannot provide answers to these questions until we receive guidance from DHS.
What we can tell you now:
It appears that this ruling will have no impact on the initial 12-month OPT for which all students, regardless of major, are eligible, but this has not been confirmed.
Until we are informed otherwise by DHS, we will produce I-20 forms for STEM extensions. Unless we receive clarification of whether DHS will continue to accept applications for STEM extensions, it will be your decision whether to pay the application fee and file an application.
Until otherwise informed, current EAD cards for STEM extensions should be considered valid.
You should continue to make the required employment and address reports, and ensure that you do not exceed the unemployment limits of OPT.
We suggest students do not panic and await further information from DHS and/or OIS. Do not trust information that comes from any unofficial source, rely only on guidance from DHS/OIS. DHS may publish a new ruling on STEM OPT that satisfies the court’s objections and reinstates STEM OPT; if that happens we will notify students.
As soon as there’s any news about this news, you will be first person to hear the news, just like this news was published when no other news outlets even go a gist of this story.
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