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ARTICLE · 27 JANUARY 2016

Court Extends Vacatur On OPT Extensions For STEM Students

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
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Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

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The proposed rule would increase the allowable OPT period for certain STEM students from 29 to 36 months.

United StatesImmigration
Susan Cohen
Susan Cohen
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One of the major immigration developments for 2016 is a  proposed rule from the Department of Homeland Security (DHS) that would allow certain F-1 students to extend their period of "optional practical training" (OPT) if they have degrees in science, technology, engineering or math (STEM) from US schools. On January 23, 2016, in the latest development in a lawsuit against DHS by a lobbying group, the Court granted DHS's request and stayed the vacatur against the program until May 10, 2016. STEM EADs that may have been impacted will now continue to be valid at least until May 10, 2016. 

The Proposed Rule and Lawsuit: Background

The proposed rule would increase the allowable OPT period for certain STEM students from 29 to 36 months. The regulation comes after a federal judge in the US District Court for the District of Columbia vacated a previous 17-month STEM extension in August 2015, effective February 13, 2016. The proposed rule was intended to reauthorize the

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