Optional Practical Training (OPT) / STEM
Friday, March 11, 2016
March 9th, 2016, the U.S. Department of Homeland Security (DHS) released an copy of the final rule pertaining to optional practical training (OPT) for certain students with degrees in science, technology, engineering, and mathematics (STEM). The official version of the final rule is slotted to be published in the Federal Register on March 11th, 2016. The new rule will permit employers to retain the talented international students who rely upon the F-1 nonimmigrant student visa for a longer period. USCIS will begin accepting applications under this provision on May 10th, 2016. Prior to that date, USCIS will continue to accept applications under the existing 17-month STEM OPT procedure.Read more . . .
Tuesday, January 26, 2016
On January 23rd, 2016, the U.S. District Court for the District of Columbia granted DHS' motion to extend the Stay Order of the STEM OPT until May 10th, 2016.
According to the August 12th, 2015 ruling, the Order vacated on procedural grounds, an interim final rule promulgated by DHS, but it stayed the effect of vacatur for six months in order to allow the U.S. Department of Homeland Security (DHS) to cure procedural defects. The Stay was set to expire on February 12th, 2016. The 90 day extension granted DHS time to issue a new rule thereby avoiding a regulatory gap.Read more . . .
Thursday, November 12, 2015
On October 19, 2015, the Department of Homeland Security (DHS) proposed to amend its F-1 nonimmigrant student visa regulations on optional practical training (OPT) for certain students with degrees in science, technology, engineering, or mathematics (STEM) from U.S. institutions of higher education. The comments are due by November 18, 2015. In addition to improving the integrity and value of the STEM OPT program, this proposed rule also responds to a court decision that vacated a 2008 DHS regulation on procedural grounds. The proposed rule includes changes to the policies announced in the 2008 rule to further enhance the academic benefit provided by STEM OPT extensions and increase oversight, which will better ensure that students gain valuable practical STEM experience that supplements knowledge gained through their academic studies, while preventing adverse effects to U.S. workers.Read more . . .
Wednesday, October 28, 2015
Read more . . .
In a new set of regulations, the U.S. is seeking changes to what’s called the Operational Practical Training (OPT) program after a federal court ruled in August that the Government erred by not seeking public comment earlier.
Friday, August 21, 2015
This past week, a Federal District Court decided Washington Alliance of Technology Workers v. DHS. The lawsuit sought to prevent foreign students from having an opportunity to gain practical experience in the U.S. following their full-time course of study. The Court invalidated a 2008 U.S. Department of Homeland Security (DHS) rule which permits an F-1 student to receive up to a seventeen (17) month extension of their Optional Practical Training (OPT) on top of the twelve (12) months previously authorized (for a maximum of twenty-nine months), if their field of study is in a designated as a Science, Technology, Engineering or Math (STEM) field and the employer is registered in the E-Verify Program.Read more . . .
Wednesday, October 30, 2013
USCIS on October 6th, 2013, has issued policy memorandum about OPT for students enrolled in STEM Program as following:
17-Month Extension of Post-Completion Optional Practical Training (OPT) for F-1 Students Enrolled in Science, Technology, Engineering, and Mathematics (STEM) Degree ProgramsRead more . . .
Wednesday, January 9, 2013
On October 11, 2011, USCIS Director Alejandro Mayorkas announced a new initiative to harness industry expertise from the public and private sectors and increase the job creation potential of employment-based and high-skilled visa categories. Called 'Entrepreneurs in Residence', the initiative built upon a series of policy, operational, and outreach efforts within the framework of existing immigration laws. The EIR program was part of a wider White House and Department of Homeland Security (DHS) effort to grow the U.S. economy and create American jobs.Read more . . .
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