Immigration Blog

Proposed 36-Month STEM OPT Approved by OMB

By Bill at October 16, 2015 20:31
Filed Under: Immigration News

On October 14, the Office of Management and Budget (OMB) approved the proposed regulation on STEM OPT Extension, just 12 days after the U.S. Department of Homeland Security (DHS) submitted it for review. 

The new rules would 

1. allow 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(STEM OPT extension). 

2. allow all F-1 students to automatically extend the duration of F-1 status and any current employment authorization until October 1 of the fiscal year for which H-1B visa is being requested. 

Please click here to review full text of the proposal: Improving and Expanding Training Opportunities for F-1 Nonimmigrant Students with STEM Degrees and Cap-Gap Relief for All Eligible F-1 Students

Some criticize that, "By increasing the total amount of time a foreign student may work in OPT after each degree to 3 years - the same amount of time that an H-1B visa would be valid - there is little doubt that the Administration has administratively established a de facto shadow H-1B program, in violation of Congressional intent."read more 

This proposed rule is expected to be officially published in the federal register on October 19, so the public would be permitted to submit comments to the DHS. Then, the DHS is required to review and consider these comments prior to making any final decision on the proposed regulation. 

It is autumn, time for you to update your career profile and pitch potential employers