NewsFlash! STEM OPT Extended

On January 23, 2016, the U.S. District Court for the District of Columbia granted the U.S. Department of Homeland Security (DHS) an additional three months to complete its review, and possible incorporation, of public comments for its proposed, revised STEM OPT regulation, which was previously set to expire on February 12, 2016. The Court previously invalidated the DHS’s 2008 OPT regulation because it was found not to comply with the Administrative Procedure Act (APA). However, the Court stayed the decision, permitting the DHS until February 12, 2016 to issue a proper regulation covering training for F-1 students. Under the Court’s decision, which is available online, the DHS now has until May 10, 2016 to complete its issuance of a proper STEM OPT regulation. The Murthy Law Firm will continue to closely track the status of the STEM OPT regulation and update readers.


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Disclaimer: The information provided here is of a general nature and may not apply to any specific or particular circumstance. It is not to be construed as legal advice nor presumed indefinitely up to date.