October 16, 2015

STEM OPT Extension from 17 To 24 Months, More Exciting News From Proposed Rule

The OMB(Office Of Management And Budget) has approved the STEM OPT Extension Rule Proposal by DHS(Department Of Homeland Security) on 14-OCT-2015. This is one step of a progress towards providing a sigh of relief to International Students!

                          Click here to look at The STEM OPT RuleMaking Steps

As part of the RuleMaking process, the Proposed STEM OPT Extension Summary was attached in the Federal Registry for Public comments.

We have reviewed the Proposed STEM OPT Extension Rule and it certainly has some exciting news.

Main Pointers of Proposed STEM OPT Extension Rule:

1. The STEM OPT Extension was proposed to be increased to 24 months from 17 months as per invalidated old rule.
2. A second STEM Degree to be qualified for a 2nd OPT Extension of another 24 months. This is another great news for those the H-1B petitions not picked in the lottery system.
3. The previous STEM degree can be used to quality for a 24 months STEM OPT Extension if not used before and the recent degree received from an accredited institution.
4. Maximum Unemployment Period during STEM OPT Extension was proposed to be increased from 30 Days To 60 Days(for an aggregate of 150 days).
5. The Cap-Gap would extend the OPT until 1st October for the timely filed H-1B petitions.
6. The STEM Definition and CIP(Classification Of Instructional Program) Categories or Specializations will be updated in the SEVP(Student Exchange Visitor Program) Website.
7. Limiting STEM OPT Extension eligibility to Students with degrees only from accrediting agencies recognized by Department of Education.
8. Increased Employer On-Site Visits to verify if the students are meeting the STEM OPT Extension requirements.
9. Employers(or Hiring Companies) MUST implement a formal Mentoring and Training Program for the students working under STEM OPT Extension.
10. Employers(or Hiring Companies) MUST be enrolled in USCIS E-Verify Program and report STEM student employment changes.
11. The Employers(or Hiring Companies) are required to attest that they have sufficient Resources and Trained Personnel to provide mandatory Mentoring and Training to students under STEM OPT.
12. The Employers(or Hiring Companies) are required to attest that they will not lay-off or terminate a Temporary or Permanent US worker as a resulting of hiring a STEM OPT student. This is to address the previous judgement on Lawsuit by Washington Alliance Of Technology Workers.

Stay tuned for future updates on the STEM OPT Extension as we move through the RuleMaking Process.

Please share this article to keep your friends and family updated on the OPT Extension Rule.

October 15, 2015

OMB Approved The Proposed STEM OPT Extension Rule

The OMB(Office Of Management And Budget) has approved the proposed rule by DHS yesterday(14-OCT-2015) to bring back the STEM OPT Extension. This is definitely a good news for the International Students in US working under OPT and also for the ones working under cap gap awaiting H-1B decision, who were left in chaos as they would not be able to continue the employment after 12-FEB-2016.

But be informed that the proposal being approved by OMB does not conclude the RuleMaking Process.

As all you aware the OPT STEM Extension was invalidated by Federal Court in action against the Lawsuit filed by Washington Alliance Of Technology Workers. As per the court decision, the OPT STEM rule will be ineffective from 12-FEB-2016. This is a big problem for the US to retain the existing and future qualified workers without STEM OPT extension as the H-1B cap is limited and would not serve the required workforce. 

There were two options for DHS to address this issue, either to contest the court ruling or to propose a new rule with improvements to the old rule. Hence DHS compiled a new rule with enhancements to the previous OPT STEM rule and presented to The Department of Management and Budget(OMB) with the title "Improving and Expanding Training Opportunities for F-1 Nonimmigrant Students with STEM degrees and expanding Cap-Gap Relief for All F-1 Students With Pending H-1B Petitions"

The RuleMaking Process involves multiple steps:

1. The new rule will be presented to OMB by respective Agency(DHS in this case) of US.
2. The OMB reviews the proposal and gives a decision.
3. If the proposed rule is approved by OMB, it will be published as a PROPOSED RULE in the Federal Register with a 30 day comment period.
4. The Authorized Agency(DHS) may make changes to the proposal after reviewing public comments and publish a final rule to Federal Register.
5. All this process will be monitored and need to be approved by the Federal Judge.

Stay tuned for future updates on the STEM OPT Extension Rulemaking.

Please share this article to keep your friends and family updated on the OPT extension rule.

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