stem opt rule making timeline

STEM OPT Extension Rule Making Process – 17 to 24 Months

STEM OPT Extension Rule Making Process have Began. So, how long would it take for Department of Homeland Security to complete and implement the STEM OPT Extension rule?

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I have witnessed the H4 EAD Rule Making Process. I have timeline listed from Feb 2012 till the rule become effective on May 26, 2015. But, we don’t have two years for STEM OPT Extension rule to be implemented. Feb 12, 2016, is the deadline.

Video 1: 

  • I created a realistic timeline based on observing the H4 EAD  Rule Making process.
  • And what to expect during STEM OPT Extension Rule Making process.

Video 2:

  • Recorded on Oct 10, 2015, based additional details I learned about Economically Significant  Rule

Video 1: STEM OPT Extension Rule Making Process Timeline

Video 2: STEM OPT Rule Making with New Timeline


As you can see, there are several steps in this Rule-Making Process. If OMB approves the Proposed Rule, it can help DHs with the new timeline as per Video 2.  Input for the second video came from AILA Blog post.

Questions and Answers

How long does OMB take to approve the Proposed Rule?

From what I read there’s no minimum time but it can take up to 90 days to review and approve a proposed Rule.

  • OMB completed the review in 12 days (Oct 2 to Oct 14, 2015).

What if there are more negative comments than positive comment during Rule Making Public Comment period?

DHS doesn’t publish a rule solely based on the total number of positive vs. negative comments.

How long is the public comment period?

I’m assuming DHS will do a 30 days. They have an option to 60 days as well.


Where Things can be Improved

  • OMB approves STEM Extension Rule in less than 30 days during initial review and final rule
  • DHS should consider comments concurrently as the public is commenting.

Stay tuned for more details as they become available.

We still don’t know what’s included in the Rule.

STEM OPT extension may be for 17 months, or it could be increased to 24 months or even longer for 6 years.

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When new details become available, I will be the first person to interview an Immigration Attorney to bring more details about the Rule.

Got questions about STEM OPT Extension Rule Making Process? Let m me know through the comments section. And Please do share this blog post with your friends.