NewsFlash! STEM OPT May End

On August 12, 2015, the U.S. District Court for the District of Columbia ruled that the Department of Homeland Security (DHS) did not follow proper procedures when they created the STEM OPT extension regulation. Thus, the Court vacated or struck down the regulation, effective February 12, 2016. This regulation allows certain F-1 foreign students a longer than standard period of work authorization after degree completion.

The case, Washington Alliance of Technology Workers v. USDHS (Civil Action No. 14-529), is available online. The Court agreed with a tech workers union that the STEM OPT extension regulation should have been preceded by a notice and comment period, rather than being given immediate effect.

There are many unanswered questions, including whether the DHS can issue a proper regulation before February 12, 2016. MurthyDotCom readers will be updated with more details and analysis soon. Information on any official guidance for those students whose STEM OPT benefits are now in jeopardy will also be provided.


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