Here’s 5 Part Summary of DHS Proposed 24 Months STEM OPT Extension Rule.
Immigration Attorney Murali explains the proposals listed in the STEM OPT Rule in this 5 part video series.
- Proposed Rule will be published for public comments on October 19, 2015 for 30 Days.
- There’s several good proposals and added conditions for STEM OPT Extension. But, there’s one section that worries me.
Part 1 – 24 Months STEM OPT Extension Rule
Part 2 – Mentor and Training Plan
Part 3 – New Requirements for Employers, DSO and Employee
Part 4 – CIP Code to Wage Requirements
Part 5 – How to Write in Public Comments
Additional Details from the Proposed Rule:
- Students with current 17 months STEM OPT can apply for 7 more months up to 120 days before end of STEM OPT
- It’s expected that students would have pay $380 and follow the new Training and Mentor plan to apply for 7 months extension
- Unemployment Days have been increased to 150 Days (for total of 36 months)
- It’s still possible for DHS to implement 36 months STEM OPT Extension
- Cap-Gap will be back into existence
- Expected Date when Rule will become effective : Feb 2016
- 24 Months STEM OPT Rule is now open for Public Comments
I will reach out to Attorney for additional details if I can’t answer your questions or parts of the proposals are unclear. This rule is 107 pages long. As we read in detail, finer details will become visible. But, the good news is that we have a Rule in Making. This should quell the uncertainty and concerns among International students.
There’s one section of the Proposal that worried me
however, that a final rule resulting from this rulemaking does not take effect before the vacatur of the 2008 IFR, DHS will lack clear regulatory authority to grant pending applications for STEM OPT extensions. In that case, DHS will evaluate options to address pending applications, such as returning such applications and requiring re-filing upon completion of a final rule… (a page 40)
Stay tuned for more updates about this 24 Months STEM OPT Extension Rule and Rule Making Process.
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