Musings on Immigration

The Department of Homeland Security (DHS) has made critical changes to the STEM optional practical training (OPT) program, which will take effect for all F-1 applications for STEM extension approved on or after May 10, 2016. Aside from lengthening the extension period from 17 months to 24 months, the revisions to the OPT program place new, important requirements for F-1 OPT employers, students, and schools.  The standard 12-month OPT program will remain unchanged.  F-1 students granted a 17-month STEM OPT extension before May 10, 2016 will remain subject to the prior STEM rules unless they file for an additional seven months of OPT under the new rules. STEM OPT Training Plan . The new regulations require F-1 students and employers to complete a formal training plan Form I-983, which must be submitted to the student’s Designated School Official (DSO). The STEM OPT Training Plan must detail how the proposed employment will provide employment-based learning opportuniti...

If you’re reading this, you may already know about the WashTech decision issued in August 2015 ( https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2014cv0529-43 ) and what it is about – an effort to prevent foreign students from being able to take advantage of the additional 17 month extension on their Optional Practical Training (“OPT”) if their field of study falls into the STEM category (science, technology, engineering, or math).   This extension was based on a rule issued by the Department of Homeland Security (“DHS”) in 2008 whereby it gave STEM students a maximum of 29 months of OPT after graduation.                 In summary, the Court invalidated DHS’ 2008 OPT rule based on a procedural flaw in their rulemaking – they failed to provide the public with notice and an opportunity to comment in advance of issuing the rule, to which DHS responded that it was necessary for the economy and to allow...