UPDATE on DHS STEM OPT Extension Rule

Earlier this month we alerted employers and foreign workers that a federal district court vacated the 2008 STEM optional practical training (OPT) rule, but stayed the vacatur until February 12, 2016, to allow DHS the opportunity to reissue the rule with proper notice and comment. DHS has now proposed to amend its F-1 nonimmigrant student visa regulations on OPT to allow certain F-1 STEM students who have elected to pursue 12 months of OPT in the United States to extend the OPT period by 24 months. The proposed rule is scheduled to be published in the Federal Register on October 19, 2015, and comments will be due 30 days after its publication.