OPT Archives - Rose Immigration Law Firm, PLC https://roseimmigration.com/tag/opt/ We help corporate and individual clients from every corner of the world. Thu, 27 Oct 2016 01:41:18 +0000 en-US hourly 1 https://wordpress.org/?v=6.7 STEM OPT Rule Deadline Extended https://roseimmigration.com/uscis-to-issue-a-final-stem-opt-rule/ Tue, 26 Jan 2016 10:12:56 +0000 http://www.roseimmigration.com/?p=2217 The Federal District Court in Washington DC has stayed (extended) the time in which USCIS must issue a final STEM OPT rule, thus granting USCIS a new deadline of May 10, 2016. This action by the court allows USCIS time to issue a final rule in accordance with the Administrative Procedures Act. Students needing to […]

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]]> The Federal District Court in Washington DC has stayed (extended) the time in which USCIS must issue a final STEM OPT rule, thus granting USCIS a new deadline of May 10, 2016. This action by the court allows USCIS time to issue a final rule in accordance with the Administrative Procedures Act. Students needing to extend their OPT during this time may continue to use the “old” rules, and employers may continue to accept existing EADs. We expect the final rule will be published before May 10th, allowing employers and their STEM OPT employees time to make any necessary adjustments.

We know this is an important issue for many of our clients, both employers and employees alike. The final rule will have some OPT improvements, and we will keep you informed of any developments.

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]]> 2217 STEM OPT Narrowly Escapes Termination https://roseimmigration.com/stem-opt-narrowly-escapes-termination/ Wed, 19 Aug 2015 12:36:24 +0000 http://www.roseimmigration.com/?p=2147 A Federal court recently issued an order to terminate the rule authorizing F-1 students in OPT to work an additional 17 months in STEM occupations (Sciences, Technology, Engineering, and Mathematics). Washington Alliance of Technology Workers v. U.S. Department of Homeland Security, No. 14-529 (D.D.C. 2015). But the termination has been postponed pending further action by […]

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]]> A Federal court recently issued an order to terminate the rule authorizing F-1 students in OPT to work an additional 17 months in STEM occupations (Sciences, Technology, Engineering, and Mathematics). Washington Alliance of Technology Workers v. U.S. Department of Homeland Security, No. 14-529 (D.D.C. 2015). But the termination has been postponed pending further action by USCIS.

By way of background, in 2008, the Department of Homeland Security (DHS) issued a rule known as STEM OPT, granting F-1 students 17 additional months of work authorization, for a total of 29 months. This benefit is available only to students working in STEM occupations for employers that utilize E-Verify.  In issuing this useful rule, DHS failed to follow certain procedures required by the Administrative Procedures Act, specifically allowing the public a comment period. The Washington Alliance of Technology Workers challenged the rule and the court held DHS could not “demonstrate that the 2008 Rule was necessary to forestall a ‘fiscal emergency.’” It therefore held against DHS and vacated the rule.

Fortunately for U.S. employers and their STEM employees, the court recognized the major impact it would have on employers and foreign students if it were to terminate employment authorization on such short notice. The court, therefore, delayed implementation of its order until February 12, 2016 to allow DHS time to properly submit the rule for notice and comment.

As long as the DHS provides ample notice and comment, there should be no need for concern about the continued employment authorization of your STEM student workers under their existing OPT periods. For now, no action needed.  However, when the rule is published and open to comment, employers should be prepared to provide vigorous support for the STEM employment authorization extension. Our attorneys will gladly assist employers with a letter, email, or call to representatives in Congress.

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]]> 2147 And The Bets Are In! https://roseimmigration.com/and-the-bets-are-in/ Tue, 01 Apr 2014 14:19:00 +0000 http://www.roseimmigration.com/?p=1784 With the welcoming of April, Rose Immigration Law Firm attorneys have filed H-1B petitions for our clients. Pursuant to regulation, USCIS will accept petitions for five business days during the first week of April. It is very clear from economic trends that the 65,000 cap will be reached during the early days of the petition […]

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]]> With the welcoming of April, Rose Immigration Law Firm attorneys have filed H-1B petitions for our clients. Pursuant to regulation, USCIS will accept petitions for five business days during the first week of April. It is very clear from economic trends that the 65,000 cap will be reached during the early days of the petition filing; we believe the 20,000 masters cap will be reached during this time as well. This means USCIS will conduct a lottery to select potentially approvable H-1B petitions. Like most employers and their OPT employees, we will wait with bated breath for the results.

Rose Immigration Law Firm attorneys are already in discussions to develop alternative plans for those beneficiaries not selected through the H-1B lottery process. Be sure to check with the attorney assigned to your case for more information.

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