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Reminder Of Rule-Making Agenda For Stem Opt And I-140 Ead/portability


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  • STEM OPT: Final rule must be published and implemented before 02/12/2016. Otherwise, there can arise mishaps for some STEM OPTs. Since it is a legally binding final rule which the ICE will have to draft and submit to the OMB for its approval and publishing in the federal register before 02/12/2016, its plan is to draft and complete OMB review process in January 2016. Draft of final rule may be completed and submitted to the OMB either at the end of December 2015 or first part of January 2016 for the OMB review. Once the OMB completes and approves its review which may take place within 30 days as this rule is considered economically significant, ICE may timely publish in the federal register and implement it per the court order. Final rule does not require comment period and can take effect upon publishing in the federal register. Accordingly, STEM OPT should not worry too much about the problem of timeline.
  • I-140 EAD/Portability Reform: This rule-making is currently going through a "proposed rule" making stage. Since this proposed rule is designated as economically signicant rule, the OMB is likely to complete its review and approval for publication within the next two weeks. It will be followed by the USCIS publishing it in the federal register stipulating comment period. Comment period can be either 30 days or 60 days. Once comment period is closed, the USCIS will review all the comments received and either revise the proposed rule or keep it as it is and submit to the OMB the final rule for its review and approval. The OMB is again likely to complete the review and approval in about 30 days, followed by the USCIS publishing and implementing the final rule with designation of certain effective date in the rule. The key is how soon the USCIS will publish and submit the OMB approved "proposed rule" and/or "final rule." There is no legally fixed timeline that regulates the agency for this part of their job. Depending on its sense of importance of the rule, it can take just a few days or a few months. This part of the work for the agency may need some pressure from the stakeholders, It is hoped the whole process be completed by Spring of 2016.

  :police:

Note : Mr jpn, nene first nene first copy kotadam lo e sari nikante mundu nene unna

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