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).