Tag Archives: STEM

STEM List – 24 Month Extension

Posted on by

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

Posted on by

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

Posted on by

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

Immigration Programs Expiring

Posted on by

Four Immigration Programs Expire Next Month

This week, we are going to cover four important immigration programs that have an expiration date of September 30, 2015. Immigration law in the United States is a collection of various programs. The buzzword after the 2012 elections was “comprehensive” immigration reform. The reality is that much of immigration is “piecemeal,” so that it is put together at different times for different reasons.

 

Congress returns from its summer recess on September 8, 2015. When it returns, there are three weeks to ensure that the EB-5 program, CONRAD 30, Religious Workers program, and E-Verify are renewed and continued. Congresspersons have proposed and sponsored bills to renew and even make these programs permanent.

 

We will keep updating the blog with the political machinations, efforts to renew the programs, and any developments throughout September. September 30 is a critical date in immigration for another reasons. The Department of Homeland Security is the federal agency charged with overseeing immigration in the United States. In March of this past year, after weeks of intense scrutiny and jockeying, Congress decided to fund DHS until September 30. DHS funding is sure to be another point of emphasis when Congress returns to session next week.

 

We will summarize each program, describe its purpose, and detail any future updates or changes to the programs.

STEM Extension Temporarily Invalidated

Posted on by

This month, a federal district court in the District of Columbia invalidated a Department of Homeland Security rule that allowed F-1 visa STEM students to extend their 12 month OPT (optional practical training) periods to 29 months. In 2008, DHS announced that students with degrees and employment in the science, technology, engineering, and mathematics fields would have the opportunity to work for their employers for up to 29 months instead of 12 months. The employer had to be registered with a system called E-Verify. Many foreign student who study at United States colleges and universities are in the F-1 visa designation, which allows for 12 months of job training in addition to degree completion.

 

The district court struck down the rule on the ground that DHS did not allow for the mandatory notice and comment period. When a federal agency promulgates a regulation, it must have a period of notice and comment, where it allows the general public and interested parties to post comments on positive or negative aspects of the proposed rule. The agency is then supposed to take those comments into account in improving the rule before it is made official. The court ruled that because DHS did not take this step, the rule permitting the 17 months extension for STEM OPT students is temporarily invalid. The court has given DHS until February 12, 2016 to rectify its mistake by actually having the rule subject to proper notice and comment. The administrative record did not demonstrate a good cause for skipping the notice and comment period.

 

Washtech brought the suit against the Department of Homeland Security, and it argued various points to prevent foreign students from acquiring job experience on their F-1 visa. The court concluded that a “student” can still be someone who has completed an academic degree program., that post-graduate OPT experience is permissible, and that DHS has broadly delegated authority from Congress to establish the necessary rules for F-1 student employment.