感觉OPT Extension剧情反转了,居然是件好事情。。。# JobHunting - 待字闺中
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网上看了不少相关报道,感觉大家可以放心了,不用紧张。
本人预计明年毕业,刚刚看到新闻,如晴天霹雳,H1B中签率这么低,如果没有opt
extension和cap gap,这就是作死得节奏了。很多人都是这样得境况。
于是,我狠狠地找新闻分析。
这篇报道比较合大家得心意,摘取部分大家瞅瞅:
https://www.lexology.com/library/detail.aspx?g=8ed1648e-268c-4a41-aee0-
98fc891fb084
What Happens on February 12, 2016?
Foster anticipates that the DHS will properly submit the 2008 rule for
notice and comment, and that the DHS submission will remedy the only defect
the District Court found in the original rule promulgation. Accordingly, so
long as the DHS takes the expected rule-making action in accordance with the
court order by February 12, 2016, the STEM extension rule would not be
vacated.
剧情反转部分,DHS一直在找机会修改现在得OPT,比如一直说STEM的OPT
给6年,还有STEM领域要扩大,还有非STEM专业也有增长。
Will the DHS Make Any Other Changes to the STEM Extension Rule When Re-
Issuing the Regulation?
The Court Order relates only to the 2008 STEM extension rule and the
subsequent expansions of the list of qualifying STEM degree fields. However,
the DHS has been considering additional changes to further extend the
period of OPT employment authorization and could use this opportunity to
make additional changes in the rule-making process. In the event that the
DHS does use this opportunity to make further changes to the STEM extension
rules, such changes must comply with the notice and comment period
requirements. The proposed changes may liberalize the benefits to F-1
students rather than contract them, and could include an extension of the
authorized OPT period by as much as years, and the addition of new
qualifying STEM degree fields.
另外一篇报道,对于DHS在6个月再走程序还是有信心得。
http://www.natlawreview.com/article/federal-court-ruling-puts-s
Impact
The judge’s decision jeopardizes the current STEM OPT program, but does not
invalidate the employment authorization for current STEM extension holders,
nor does it preclude an individual from applying for and being granted a
STEM extension up until February 12, 2016. With the six month vacatur, DHS
should have sufficient time to issue the rule again for notice and comment
and finalization prior to February 12, 2016. If DHS follows the Court’s
direction, there should continue to be no impact on STEM or “cap-gap” OPT
extensions. We will continue to monitor this important development and
provide updates as new information becomes available.
但是,不确定性是存在得,没人知道DHS现在的动作是什么。但是这篇报道https://
www.linkedin.com/pulse/still-another-immigration-screw-up-stem-opt-extension
-serratelli说DHS已经在修改OPT的事情上干了一段时间了,内部得审批也在进
行中,所以还是保持谨慎乐观,不要慌。
The decision gives DHS six months to remedy the defective rule. As we all
know (having provided extensive input), they have been working on a STEM
extension rule for a while, and they have indicated that it is making its
way through the internal approval process. This may help speed that process
to conclusion.
本人预计明年毕业,刚刚看到新闻,如晴天霹雳,H1B中签率这么低,如果没有opt
extension和cap gap,这就是作死得节奏了。很多人都是这样得境况。
于是,我狠狠地找新闻分析。
这篇报道比较合大家得心意,摘取部分大家瞅瞅:
https://www.lexology.com/library/detail.aspx?g=8ed1648e-268c-4a41-aee0-
98fc891fb084
What Happens on February 12, 2016?
Foster anticipates that the DHS will properly submit the 2008 rule for
notice and comment, and that the DHS submission will remedy the only defect
the District Court found in the original rule promulgation. Accordingly, so
long as the DHS takes the expected rule-making action in accordance with the
court order by February 12, 2016, the STEM extension rule would not be
vacated.
剧情反转部分,DHS一直在找机会修改现在得OPT,比如一直说STEM的OPT
给6年,还有STEM领域要扩大,还有非STEM专业也有增长。
Will the DHS Make Any Other Changes to the STEM Extension Rule When Re-
Issuing the Regulation?
The Court Order relates only to the 2008 STEM extension rule and the
subsequent expansions of the list of qualifying STEM degree fields. However,
the DHS has been considering additional changes to further extend the
period of OPT employment authorization and could use this opportunity to
make additional changes in the rule-making process. In the event that the
DHS does use this opportunity to make further changes to the STEM extension
rules, such changes must comply with the notice and comment period
requirements. The proposed changes may liberalize the benefits to F-1
students rather than contract them, and could include an extension of the
authorized OPT period by as much as years, and the addition of new
qualifying STEM degree fields.
另外一篇报道,对于DHS在6个月再走程序还是有信心得。
http://www.natlawreview.com/article/federal-court-ruling-puts-s
Impact
The judge’s decision jeopardizes the current STEM OPT program, but does not
invalidate the employment authorization for current STEM extension holders,
nor does it preclude an individual from applying for and being granted a
STEM extension up until February 12, 2016. With the six month vacatur, DHS
should have sufficient time to issue the rule again for notice and comment
and finalization prior to February 12, 2016. If DHS follows the Court’s
direction, there should continue to be no impact on STEM or “cap-gap” OPT
extensions. We will continue to monitor this important development and
provide updates as new information becomes available.
但是,不确定性是存在得,没人知道DHS现在的动作是什么。但是这篇报道https://
www.linkedin.com/pulse/still-another-immigration-screw-up-stem-opt-extension
-serratelli说DHS已经在修改OPT的事情上干了一段时间了,内部得审批也在进
行中,所以还是保持谨慎乐观,不要慌。
The decision gives DHS six months to remedy the defective rule. As we all
know (having provided extensive input), they have been working on a STEM
extension rule for a while, and they have indicated that it is making its
way through the internal approval process. This may help speed that process
to conclusion.