Opt News

[dollar vora]

lol.. 5yrs chesthadu ani kalalu kante.. unnadi cut chesi 10gada..

Ade kada unnadi poye unchukunnadi poye

[ronitreddy]

 

STEM OPT Extension Regulation Needs Notice, Comment: WashTech v. DHS - Law360

 

Law360, Apr. 12, 2015 - "A D.C. federal judge on Wednesday said a 2008 Department of Homeland Security rule that allows certain F-1 visa students with math and science-related degrees to have an additional 17 months of training in the U.S. is deficient because it wasn't subjected to public notice and comment, but she allowed it to stay in place temporarily.

U.S. District Judge Ellen Segal Huvelle rejected the DHS' argument that The Washington Alliance of Technology Workers, which challenged the rule, lacks “zone of interest” standing, and she found that the agency had failed to carry its burden to show it faced an emergency situation that exempted it from subjecting the 2008 rule to notice and comment, saying failure to provide it was a serious procedural deficiency that weighed in favor of vacating the rule on remand.

The judge did, however, note that an immediate vacatur of the rule would be “seriously disruptive” and stayed the vacatur until Feb. 12, 2016, during which time DHS can submit the rule for proper notice and comment, she said.

The DHS estimated in 2008 that there were about 70,000 F-1 visa students on optional practical training, or OPT, and that one-third had earned degrees in a science, technology, engineering and math, or STEM, field, according to Judge Huvelle. And while the agency had not disclosed the current number of immigrants taking advantage of the extension, she had no doubt that vacating the rule would force “thousands of foreign students with work authorizations to scramble” to leave the country, she added, citing DHS’ opposition brief.

“The court sees no way of immediately restoring the pre-2008 status quo without causing substantial hardship for foreign students and a major labor disruption for the technology sector,” the judge said. “As such, the court will order that the 2008 Rule — and its subsequent amendments — be vacated, but it will order that the vacatur be stayed.”

Judge Huvelle did, however, disagree with the union’s argument there was not enough evidence to show that Congress was aware of DHS’ interpretation of F-1, saying in light of Congress’ broad delegation of authority to the agency to regulate the duration of a nonimmigrant’s stay and Congress’ acquiescence in DHS’ long-standing reading of F-1, the DHS’ interpretation was not unreasonable.

WashTech's complaint claims that the 2008 OPT rule exceeded the DHS’ statutory authority and that the rule was implemented arbitrarily and capriciously. The union, which sought to void the 2008 rule, claims the OPT regulations were created to go around the caps on H-1B visas by allowing foreign STEM workers who might be denied an H-1B to work through an F-1 visa instead.

In November, Judge Huvelle threw out WashTech’s challenge against the 12-month OPT program as it existed before 2008, but she kept alive the union's challenge to the 17-month extension for STEM students.

Both sides had moved for judgment on various claims, with WashTech seeking to ax the 2008 OPT rule, arguing that the department's OPT rule-making is “an administrative process run amok.” The judge granted in part and denied in part on Wednesday the summary judgment bids of both parties. 

The DHS, however, has argued that it had good cause to publish the regulation as an emergency rule because of an urgent situation wherein thousands of highly skilled individuals educated at U.S. colleges and universities would otherwise have been forced to leave this country.

Further, the 2008 rule reasonably interpreted the “broad statutory terms” undergirding the foreign student program, the DHS said.

The plaintiff is represented by John M. Miano, Dale L. Wilcox and Michael M. Hethmon of the Immigration Reform Law Institute.

The government is represented by Benjamin C. Mizer, Leon Fresco and Geoffrey Forney of the U.S. Department of Justice.

The case is Washington Alliance of Technology Workers v. U.S. Department of Homeland Security, case number 1:14-cv-00529, in the U.S. District Court for the District of Columbia."

- See more at: http://www.lexisnexis.com/legalnewsroom/immigration/b/newsheadlines/archive/2015/08/13/stem-opt-extension-regulation-needs-notice-comment-washtech-v-dhs-law360.aspx#sthash.mykijiWB.dpuf

 

1 line lo briefing sey man

[Roger_that]

Ade kada unnadi poye unchukunnadi poye

%<>(  *L({}

[Piscop]

Infront crocodile fest emo vuncle

e H4 ead rule ni kuda itle peeki 10githe bagundu 

[Piscop]

Ade kada unnadi poye unchukunnadi poye

manaki undi le next yr malli.. last sem lo unnodu kuda h1 apply chesthadu inka regular qouta lo.. poyyedi emundi ani 

[nako_job_kavali]

Lol kontha mandhi e e 5 yrs rule vachaka grad avdham ani planning...vallu

[gandhi]

Inka US kuda maro UK laa avutundi kada.....

H1 emo lottery inka pillalaki 12 months opt ante how yaa how ...

[ronitreddy]

e H4 ead rule ni kuda itle peeki 10githe bagundu 

nu gattiga anamaku..all H1 vuncles will come and bash u like anything..

 

But nu cheppina daniki nen aithe support chestha ..LOL

[Piscop]

Lol kontha mandhi e e 5 yrs rule vachaka grad avdham ani planning...vallu

[k2s]

seems not a reliable source 

[dollar vora]

%<>( *L({}

Nikendi baa oddu na padav moolige nakka mida raayi vesinatu aindhi na paristiti e news chadivaka

[always_happy116]

ippudu maa sister usa ki vasthe enti parisithi :3D_Smiles_38: :3D_Smiles_38:

[ronitreddy]

Inka US kuda maro UK laa avutundi kada.....

H1 emo lottery inka pillalaki 12 months opt ante how yaa how ...

Asalu 1st 6 yrs annaru kada..endo ee vidhi vaiparithyam

[dollar vora]

manaki undi le next yr malli.. last sem lo unnodu kuda h1 apply chesthadu inka regular qouta lo.. poyyedi emundi ani

Jai mavni or canada

[Roger_that]

Nikendi baa oddu na padav moolige nakka mida raayi vesinatu aindhi na paristiti e news chadivaka

em paddam ba em avvaledu ga inka nee avva