USCIS Proposed New Rule Providing 24 Month STEM Extension
Dec 23, 2015
Dallas immigration lawyers – Rabinowitz & Rabinowitz, P.C.
Dallas, TX (Law Firm Newswire) December 23, 2015 – A proposed new rule would expand work authorization for F-1 foreign students with STEM (science, technology, engineering and mathematics) degrees.
The U.S. Department of Homeland Security (DHS) published the proposed rule Oct. 19, 2015. The proposed rule allows eligible foreign students to extend their F-1 Optional Practical Training (OPT) for 24 months beyond the usual 12-month OPT period, provided certain requirements are met. This is a change from a 2008 rule that had permitted a 17-month extension.
“While the proposed regulations extend STEM employment authorization to 24 months yielding a total of 36 months of OPT for STEM graduates, the proposed regulations add complexity,” said Stewart Rabinowitz, a Dallas immigration attorney with Rabinowitz & Rabinowitz, P.C. “If implemented as written, an employer must create formal mentoring and training plans as a school extension instead of simply providing work experience to STEM graduates. While many employers may be willing to do this, some may balk at being a university extension instead of live on the job training.”
The original rule allowing the extension of F-1 OPT by 17 months for certain STEM students was introduced and implemented in April 2008, with no notice and comment period. In 2014, a lawsuit alleged that DHS failed to follow its required notice and comment procedures for new rules. Also in 2014, President Obama announced executive actions on immigration, which included directing that OPT rules allow additional STEM OPT time. The new proposed rule is a response to these challenges.
In addition to the 24 month STEM OPT extension period, the proposed rule requires that employers eligible under the program be enrolled in the E-Verify system and institute a formal training program for the 24-month extension. The proposed rule also provides a clearer definition of the STEM fields, and maintains cap-gap protection for F-1 students whose employment authorization ends before a successful H-1B petition change of status period is to begin.
Rabinowitz & Rabinowitz, P.C.
2591 Dallas Parkway, Suite 300
Frisco, TX 75034
Phone: 972.233.6200
By Appointment Only
Three Galleria Tower
13155 Noel Road, Suite 900
Dallas, TX 75240
http://www.rabinowitzrabinowitz.com
- CRS issues new report on the birthright citizenship debate
Birthright citizenship, the principle that most people physically born in the United States qualify as citizens, has been a subject of debate recently, with some legislators and Presidential candidates arguing that it should be ended or restricted. On Oct. 28, 2015, the Congressional Research Service (CRS) published a report on the subject. The report, by … - House Passes Short Term Continuing Resolution: Agreement on Omnibus Bill Close
On December 11, 2015, the House passed a continuing resolution to fund the government through December 16, 2015 averting a government shutdown and providing time to reach an agreement on the massive Omnibus bill before Congress recesses for the Christmas holiday. Among the provisions to be considered in the Omnibus bill are statutory changes to … - Administration Tightens Security for Visa Waiver Applicants
On December 1, 2015, the White House announced security enhancements to the U.S. Visa Waiver Program. The program allows citizens of 38 countries temporary admission for business or pleasure for up to 90 days without first obtaining a U.S. visitors visa. Approximately 20 million visitors use the program annually. All VWP applicants must register in …
