取消OPT extension，不会影响已有的Extension!# EB23 - 劳工卡
l*l
1 楼
也不会影响2016年2月12日前需要extension的人。
2016年2月12日后，还是很有希望继续2008年的extension rule的。
不用过分担心。
http://immigrationgirl.com/breaking-news-on-opt-stem-extension-
Breaking News on OPT STEM Extension! Court Says USCIS Rule Allowing 17-month
STEM Extension is Deficient
// By ImmigrationGirl //August 13, 2015
A D.C. federal judge on Wednesday said the 2008 Department of Homeland
Security rule that allows STEM graduates in F-1 status to obtain an
additional 17 months of OPT time in the U.S. is deficient because it wasn’t
subjected to public notice and comment.
The judge vacated the 2008 rule allowing the 17-month extension, HOWEVER, a
stay was put in place until February 12, 2016. DHS will have until then in
order to take action regarding the fate of the STEM extension program.
The decision in Washington Alliance of Technology Workers v. U.S. Department
of Homeland Security was based on the fact that DHS did not go through the
usual notice and comment period required for new regulations. You may recall
that the STEM extension was created in 2008 to help F-1 students who were
not selected in the H-1B lottery by allowing them to continue on OPT until
they could try for the H-1B again the following year. The rule was issued as
an interim rule without notice and comment because DHS concluded that “the
ability of U.S. high-tech employers to retain skilled technical workers…
would be seriously damaged if the extension … is not implemented early this
spring.”
The judge determined that the situation for high-tech employers was not
urgent enough to bypass the notice and comment requirement for the
regulatory process. The judge further indicated that the deficiency in the
process was serious enough to require the rule to be vacated (i.e. cancelled
). However, the court realized that immediately vacating the rule would
cause thousands of foreign students to “scramble to depart the United
States.” This would also impose a costly burden on the U.S. tech sector.
Since there is no way to restore the pre-2008 OPT program without causing
substantial hardship for F-1 students and a major labor disruption for the
technology sector, the court chose to stay the decision until February. This
will also allow the Department of Homeland Security the opportunity to re-
address the problems the interim rule was originally designed to solve.
Since it is now August, there should be sufficient time for DHS to propose
the same rule again and provide the proper period for notice and comment (
usually 60 days). Then, the rule may be implemented again by the time the
stay is lifted. If all goes well, this decision should not impact those
currently on a STEM extension or those who will become eligible after
February. As usual, I’ll keep you posted if any more action is taken.
2016年2月12日后，还是很有希望继续2008年的extension rule的。
不用过分担心。
http://immigrationgirl.com/breaking-news-on-opt-stem-extension-
Breaking News on OPT STEM Extension! Court Says USCIS Rule Allowing 17-month
STEM Extension is Deficient
// By ImmigrationGirl //August 13, 2015
A D.C. federal judge on Wednesday said the 2008 Department of Homeland
Security rule that allows STEM graduates in F-1 status to obtain an
additional 17 months of OPT time in the U.S. is deficient because it wasn’t
subjected to public notice and comment.
The judge vacated the 2008 rule allowing the 17-month extension, HOWEVER, a
stay was put in place until February 12, 2016. DHS will have until then in
order to take action regarding the fate of the STEM extension program.
The decision in Washington Alliance of Technology Workers v. U.S. Department
of Homeland Security was based on the fact that DHS did not go through the
usual notice and comment period required for new regulations. You may recall
that the STEM extension was created in 2008 to help F-1 students who were
not selected in the H-1B lottery by allowing them to continue on OPT until
they could try for the H-1B again the following year. The rule was issued as
an interim rule without notice and comment because DHS concluded that “the
ability of U.S. high-tech employers to retain skilled technical workers…
would be seriously damaged if the extension … is not implemented early this
spring.”
The judge determined that the situation for high-tech employers was not
urgent enough to bypass the notice and comment requirement for the
regulatory process. The judge further indicated that the deficiency in the
process was serious enough to require the rule to be vacated (i.e. cancelled
). However, the court realized that immediately vacating the rule would
cause thousands of foreign students to “scramble to depart the United
States.” This would also impose a costly burden on the U.S. tech sector.
Since there is no way to restore the pre-2008 OPT program without causing
substantial hardship for F-1 students and a major labor disruption for the
technology sector, the court chose to stay the decision until February. This
will also allow the Department of Homeland Security the opportunity to re-
address the problems the interim rule was originally designed to solve.
Since it is now August, there should be sufficient time for DHS to propose
the same rule again and provide the proper period for notice and comment (
usually 60 days). Then, the rule may be implemented again by the time the
stay is lifted. If all goes well, this decision should not impact those
currently on a STEM extension or those who will become eligible after
February. As usual, I’ll keep you posted if any more action is taken.
