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STEM OPT in Jeopardy After Judge’s Order

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k*y2015-08-13 07:08

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f*a2015-08-13 07:08

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STEM OPT in Jeopardy After Judge’s Order
By Robert S. Whitehill on August 13, 2015
Posted in Uncategorized
Since 2008 , DHS has permitted F-1 students whose study was in a STEM field
and whose employer is an E-Verify participant to have an additional 17-month
period of OPT (Optional Practical Training). Thousands of students and E-
Verify employers have benefited from this extended period of employment
authorization. The work of these students has resulted in a challenge to
STEM OPT by tech workers; specifically a suit in the U.S. District Court for
the District of Columbia, Washington Alliance of Technology Workers v. U.S.
Department of Homeland Security.
On August 12, 2015, the Judge before whom the case is pending VACATED the
STEM OPT Extension program as its creation failed to comply with the notice
and comment requirements of the Administrative Procedures Act (APA). The
court recognized the serious disruption that would result from the immediate
implementation of her finding, so stayed the order for 6 months, during
which time DHS could comply with the requirements of the APA.
The litigation continues and hopefully, STEM OPT will be able to continue
uninterrupted beyond February 12, 2016.