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District Court Finds DHS Did Not Exceed Its Authority in Issuing 2016 STEM OPT Rule

Posted on March 23, 2021 by sethlerner1964

The U.S. District Court for the District of Columbia concluded that DHS did not exceed its statutory authority under the INA in issuing the 2016 Optional Practical Training (OPT) rule, and thus found that both the 12-month OPT and the STEM OPT extension programs are lawful. Accordingly, the court denied the Washington Alliance of Technology Workers’ (WashTech) motion for summary judgment, granted the government’s and the intervenors’ motions for summary judgement, and denied WashTech motion to strike. 

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DHS to propose new STEM extension rule

Posted on October 19, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

DHS is proposing to amend its F-1 nonimmigrant student visa regulations on optional practical training (OPT) to allow certain F-1 STEM students who have elected to pursue 12 months of OPT in the United States to extend the OPT period by 24 months. An advance copy of the proposed rule is now available. The proposed rule is scheduled to be published in the Federal Register on October 19, 2015, and comments will be due 30 days after its publication. On August 12, 2015, the District Court for the District of Columbia vacated the2008 STEM OPT extension rule, but stayed the vacatur until February 12, 2016, to allow DHS the opportunity to reissue the rule with proper notice and comment

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