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Clearing The Air Concerning The Recent Stem Opt Decision.

Discussion in 'OPT changes' started by Ron Gotcher, Aug 19, 2015.

  1. Ron Gotcher

    Ron Gotcher Attorney at Law

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    There seems to be near hysteria concerning the recent STEM OPT decision. It's time to clear the air. The facts are:

    A right wing anti-immigration law firm rounded up some people to act as plaintiffs in litigation challenging the 17 month STEM extension. The court heard arguments from both sides and concluded that Immigration and Customs Enforcement (ICE) failed to follow required public notice and comment rulemaking when they implemented the program. The court gave ICE six months to correct that omission.

    Contrary to what the plaintiffs wanted, the court did not rule that the 17 month STEM extension was improper (other than the lack of notice and comment rulemaking). The court came down on the government's side as to all issues except rulemaking.

    ICE is now in the process of pushing out formal notice and comment rules to implement the 17 month STEM OPT program. If they run short on time, they can go back to the court and ask for an extension, which will almost certainly be granted.

    This litigation did not involve CPT or ordinary OPT. It does not have any retroactive effect on anything.
     
    yamanoor likes this.
  2. Senram

    Senram Member

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    The ruling looks like a procedural issue that could be resolved easaily. But there a few questions. Will rules are same as current or more restrictive? Why DHS has to do rule making for 17 months extension when they are in the process of two 24 months extension? If they do rule making then that is an acceptance of mistake by DHS. That means DAPA/DACA extension also incorrect. Instead of fighting losing battle in DAPA/DACA they can start rule making for that also. DHS gave immediate reaction after DAPA ruling. But in this case why they did not give any reaction for a week as it is considered win for them and loss for plaintiff?
     
  3. Ron Gotcher

    Ron Gotcher Attorney at Law

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    They will likely combine all of the new rules into one package.
     

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