August 17, 2015
By William L. Coffman and Michele D. Frangella
Federal Court Ruling Puts STEM OPT Extension in Jeopardy
On Wednesday, August 12, 2015, the US District Court for the District of Columbia ruled that the US Department of Homeland Security (“DHS”) did not follow required procedures when it promulgated regulations allowing for certain extensions of F-1 Optional Practical Training (“OPT”) employment authorization. However, in a compromise move, the Court vacated the DHS regulation and all subsequent amendments (“vacatur”), but ordered that the vacatur be stayed for six months to February 12, 2016, to allow DHS time to submit the rule again with appropriate notice and comment. There is no immediate impact on STEM or “cap-gap” OPT extensions. … Read the full story by William L. Coffman and Michele D. Frangella.
Sign up for our email newsletter to stay up to date with immigration reform in the United States.
Attorneys United for a Secure America (AUSA) is a non-partisan affiliation of talented attorneys dedicated to pursuing cases that serve the national interest when it comes to immigration law.
If you are interested in joining the network, visit the AUSA website.