Court Grants 90-Day Extension of Stay of Vacatur of STEM OPT Rule

The U.S. District Court for the District of Columbia granted Department of Homeland Security’s (DHS) motion for limited relief from the court’s August 12, 2015, order, and ordered that vacatur of the 17-month STEM OPT extension be further stayed until May 10, 2016. In its option, the Court rejected the Plaintiff’s argument that it had been divested of jurisdiction to grant...
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District Court Vacates 17 Month STEM OPT Program

The District Court for the District of Columbia held that a 2008 DHS interim final rule extending the period of post-graduation optional practical training (OPT) by 17 months for eligible STEM students on F-1 visas was invalid, because DHS issued the rule without notice and public comment. The court found, however, that vacating the rule immediately would cause substantial hardship for F-1...
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Filing Deadlines for Optional Practical Training (OPT)

Are you a foreign student applying for post-completion Optional Practical Training (OPT)?  Are you wondering what filing deadlines exist for your case? There are several deadlines to consider in handling an OPT application.  A student must properly file his or her Form I-765 up to 90 days prior to his or her program end-date and no later than 60 days after his or her program end-date. The...
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USCIS Updates FAQs on Cap-Gap Extensions

The United States Citizenship and Immigration Service (USCIS) updated its Frequently Asked Questions on the F-1 Cap-Gap extension.  This applies to F-1 students who file an H-1B petition requesting an October 1, 2012 start date, but whose employment authorization (EAD) expires before that date.  In specific situations, the Cap-Gap regulations automatically extend the F-1 student’s EAD...
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