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17 Months Opt Stem Extension – Revoked By Federal Court


raja12355

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his developing news.

Breaking News – 17 Months STEM OPT Extension is Revoked and Cancelled by the by Federal Court.

  • This rules becomes valid on Feb 16, 2016.
17 Months STEM OPT Extension Revoked

This is going to IMPACT STEM degree holders BIG Time with H1B Visa lottery affecting the possibility of getting work visa.

Impact 1:

  • Only ONE chance to apply for H1B visa.

Impact 2:

  • Numbers of Indian Students ( and International Students) going to coming to USA will Sky Dive.

Impact 3:

  • Several students who will not get H1B via lottery will now have to scramble to stay in status.

Impact 4:

  • Schools like ITU, NPU, which gives Day 1 CPT will have HIGH Demand.

Court Document Summary:

Argument Against STEM OPT:

.. alleges that the OPT program exceeds DHS’s statutory authority and conflicts with other statutory requirements, including the labor certifications related to H-1B visas

 

Background on OPT
  • OPT stands for Optional Practical Training.
  • This lets Students on F1 Visa studying in U.S.A. get EAD (Employment Authorization Document).
  • EAD lets F1 students work in USA after completing graduate degree for period of 12 months.
17 Months STEM OPT Extension
  • 17 Months STEM extension was added to 12 Months Initial OPT period back in 2008
  • STEM stands for Science, Technology, Engineering and Maths
  • STEM Degree graduates from U.S. Universities and Colleges can get additional 17 months OPT.
Opposition to STEM OPT Extension
  • Some opponents argued that 17 Months STEM OPT Extension is backdoor for H1B Visa and it violates Labor Laws (which H1B visa is subject to).
  • Plus, some employers take advantage of this OPT to not follow the labor law of minimum wage for specific position in specific location.
Lawsuit Against STEM OPT Extension
  • Opponents: Washington Alliance of Technology Workers,  a collective-bargaining organization that represents science, technology, engineering, and mathematics (“STEM”) workers,
  • They sued the U.S. Department of Homeland Security (“DHS”).
  • Challenging  the interim final rule by DHS on April 2008 to allow 17 months OPT Extension
Ruling by Federal Court Against STEM OPT
  • The Court will Revoke the 17-month STEM extension described in the 2008 Rule.
  • Rule will be valid until February 12, 2016
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