DHS publishes new proposed STEM OPT Rule

in STEM OPT rule
October 28th, 2015

On Monday, October 19, 2015, the U.S. Department of Homeland Security published a new proposed regulation on F-1 STEM OPT. This new proposed regulation addresses the recent court ruling to invalidate the current STEM OPT program.

DHS is currently accepting public comments on the new proposed rule for a 30-day period, after which time it will review comments and may make modifications to the rule before publishing final STEM OPT regulations.

The new proposed rule includes many provisions favorable to international students and indicates that DHS is actively taking steps to continue the STEM OPT benefit. However, it is not clear whether the rule-making process will be completed before the February 12, 2015, date on which the current STEM OPT program is scheduled to become invalidated.

International students in F-1 immigration status are generally eligible to apply for a 12-month period of Optional Practical Training (OPT) for each higher level of education. According the interim STEM OPT rule of 2008, students completing degrees in certain major fields in Science, Technology, Engineering, and Math (STEM), are eligible to apply for a one-time 17-month extension of their OPT for employment directly related to their STEM major field with an eligible E-Verify employer.

See: Key Provisions of the Proposed STEM OPT Rule

Please note: The provisions of this new rule are proposed and not final.

DHS has indicated that unless the court makes a new ruling on the case, it will continue to adjudicate applications for STEM OPT extensions under the current 2008 interim regulations until the existing regulation is vacated on February 12, 2016.

In the event that a new final rule is not published before February 13, 2016, STEM OPT extensions may be suspended indefinitely until a new STEM OPT ruling is finalized.

Boston University ISSO will continue to actively monitor the status of the STEM OPT lawsuit and the progress of the STEM OPT rule and will update students as soon as information becomes available.