OPT STEM Extension Revoked by Federal Court !!
Breaking News – 17 Months STEM OPT Extension is Revoked and Cancelled by the by Federal Court.
Effective Date : This rules effective from Feb 16, 2016.
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 visasFederal Document:
https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2014cv0529-43
Since it is now August, there should be sufficient time for DHS to propose the same rule again and provide the proper period for notice and comment (usually 60 days). Then, the rule may be implemented again by the time the stay is lifted. If all goes well, this decision should not impact those currently on a STEM extension or those who will become eligible after February. As usual, I’ll keep you posted if any more action is taken.
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