Tag Archives: OPT

STEM List – 24 Month Extension

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SEVP Releases STEM 24 Months List

DHS recently published a rule allowing OPT students in the STEM fields (Science, Technology, Engineering, Mathematics) to extend their Optional Practical Training for 24 months. This is especially beneficial to OPT students who intend to stay in the USA and find post-graduate employment because it allows them more opportunity for the H-1B lottery. The H-1B visa is often the appropriate option for a recent graduate in a “specialty” occupation. All of the fields listed qualify as STEM and for the 24 months.

STEM OPT Rule Extension

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STEM OPT Extension:

Court Grants 90 Day Extension of STEM OPT Rule

 

The US District Court for the District of Columbia ordered that the vacatur of the 17-month STEM (Science Technology Engineering Mathematics) OPT extension be stayed until May 10, 2016. The Department of Homeland Security motioned for that relief from the court’s order in August 2015. The court had held in August 2015 that the DHS rule granting 17-month extensions on OPT for F-1 visa STEM students was invalid. The rationale was that DHS had promulgated the rule without going through the mandated rule, notice, and comment procedure. At that time, the court decided that vacating the rule granting 17-month extensions would cause substantial hardship for qualifying students and problems for their employers. Therefore, it decided to keep the rule in place until February 12, 2016.

 

The reason that the court has extended the rule for 3 additional months is that 50,500 public comments were received when DHS gave Notice of Proposed Rulemaking. The court called this “unexpected and unprecedented.”

 

Many STEM students rely on their OPT time to play the H-1B lottery and increase their chances or to gain invaluable experience related to their field of study before returning to their home countries. The focus on STEM is not exclusive to immigration. Rather it is a trickle-down from a nationwide emphasis on promoting students to enter and succeed in those courses of study.

“High Skilled” Immigration Data

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NSF Releases “High-Skilled Immigration Data”

In the overall immigration rhetoric, one consistently positive aspect is the number of “high-skilled” immigrants in the science, engineering, and medicine fields. The debate often swirls about how to retain those immigrants, many of whom are at educated and trained in the United States. Hopefully that debate receives more substantive discussion and meritorious ideas as the presidential elections careen forward next year. The STEM (science, technology, engineering, mathematics) fields dominate this discussion.

Last month, the National Science Foundation published information about the increased number of scientists and engineers in the workforce and immigrants’ role in that. In “Immigrants’ Growing Presence in the U.S. Science and Engineering Workforce: Education and Employment Characteristics in 2013,” the data break down immigrants and U.S. born citizens and where the immigrants originate.

The data also categorize by fields and level of degree attainment

STEM OPT Rule Underway

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STEM OPT Rule In Process

As per proper procedures, the Department of Homeland has sent its proposed regulations on STEM OPT to the Office of Management and Budget.

Optional Practical Training (OPT) is an important aspect of the immigration apparatus in the United States. There are over 4 million students in the United States who are present on student visas (F, M). For many of these foreign students, OPT enables them to receive job training and experience. The standard version allows for 12 months of post degree training in the field of the student’s degree. The STEM (science, technology, engineer, mathematics) OPT grants an additional 17 months to a foreign student worker if the employer uses E-Verify. E-Verify is a controversial program that helps determine whether an employer has hired unauthorized workers. Also, its existence is in doubt, as it has only been extended until December 11.

The reason that a new STEM Opt rule is needed is that the federal court in the Washtech case ruled that Department of Homeland Security did not properly follow the time frames and procedures for regulatory action that the Administrative Procedures Act requires. That ruling meant DHS had to undergo the proper procedure for publishing a proposed rule with a comment period, collecting comments, and publishing a final rule with those comments considered.

DHS is required to have this by February 12, 2015. There is a 60 day minimum period between final publication and effective date of the final rule. A final rule requires a proposed rule 60 days previous to its publication (30 days for comments, 30 days for analyzing comments). That means the draft rule should be published by Thursday (October 15) of this week. President Obama’s executive actions on immigration last year promised some reform on OPT and STEM OPT. One possibility is the extension of the 17 months to 24 months (for a total of 36 months instead of 29).