Ep. 57 Update on the OPT STEM Extension Decision: Federal Court Says Immigration Rule Allowing 17-month STEM Extension is Deficient

  • OPT STEM has been extended.
  • This ruling will basically stop OPT Program.
  • District Court Judge Ellen Hovel found that the government made an error by not seeking public when it extended the 12-month OPT Program for STEM students.
  • The ruling could have invalidated the OPT extension immediately but instead the government gave 6 months to submit the OPT extension rule.
  • If the problem isn’t solved within 6 months, the OPT extension will be canceled on all these visa holders. They will then have only 2 months to leave the country.
  • OPT was created in 2008 due to the shortage of H1B visa.

Raw Transcript:

Introduction: You ask, we answer your immigration questions. Simple. Now your host immigration lawyer, Jacob Sapochnick.

Jacob: Hello everybody, this is Jacob here your host of Ask an Immigration Lawyer. You ask, we answer. There’s been a lot of changes, propose changes, a lot of interesting things happening in immigration law in the past week or so. Many of you heard about the breaking news from last week on the OPT STEM Extension news that had happened and I wanted to kind of talk about that. Continue reading