A recent United States district court decision held that a 2008 DHS interim final rule extending the period of post-graduation OPT (optional practical training) by 17 months for STEM (Science, Technology, Engineering and Math) students on F-1 visas was invalid, because DHS publicized the rule without proper notice and comment. However, the court further found that removing the rule immediately would cause substantial hardship for F-1 STEM students and would create a major labor disruption for the technology sector. The final decision will be postponed until February 12, 2016, which gives DHS time to submit the rule for proper notice and comment..
Remzi G. Kulen Esq.
Kulen Law Firm P.C.