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Decision on STEM OPT Program is Delayed Until May 10, 2016

Maria del Carmen Ramos

Maria del Carmen Ramos

On January 23, 2016, Judge Ellen Segal Huvelle of the U.S. District Court for the District of Colombia granted the U.S. Department of Homeland Security’s motion to extend the stay of the vacatur of the STEM OPT rule from February 12, 2016 to May 10, 2016. This decision is zealously being opposed by the Washington Alliance of Technology Workers. (more…)

Proposed New Rule May Save the STEM OPT Program

Maria del Carmen Ramos

Maria del Carmen Ramos

The optional practical training (OPT) program allows students here on an F-1 visa (who have either graduated or been pursuing a degree for 9 months) to work in their chosen field of study for one year. (more…)

Immigration Alert: Decision Overturning 17-month OPT/STEM Extensions is stayed as USCIS scrambles to cure deficiencies

Maria del Carmen Ramos

Maria del Carmen Ramos

On August 12, 2015, Judge Ellen Segal Huvelle of the U.S. District Court for the District of Columbia dealt a blow to employers by vacating the U.S. Department of Homeland Security’s (DHS) 2008 interim rule expanding the optional practical training (OPT) program for science, technology, engineering, and mathematics (STEM) students in Washington Alliance of Technology Workers v. U.S. Department of Homeland Security, Civil Action No. 14-529 (D.D.C. Aug. 12, 2015). (more…)

Executive Action Update: 3 Year EADs Issued After 2/16/15 Injunction Must Be Returned

Maria del Carmen Ramos

Maria del Carmen Ramos

It is no surprise that the implementation of this administration’s executive actions has run into a series of political and legal snags.  But what is surprising is the administration’s response or overall handling of the matter. (more…)

Alert: Preliminary Injunction is Denied–H-4 EAD Program Moves Forward

Maria del Carmen Ramos

Maria del Carmen Ramos

As previously reported, a group of former employees of Southern California Edison (who claim they were laid off and replaced by H-1B workers) filed a lawsuit in the United States District for the District of Columbia against the administration challenging the H-4 final rule on the grounds that the rule exceeds DHS’s authority and directly contradicts certain provisions of the Immigration and Nationality Act of 1952, as amended, in Save Jobs USA vs. U.S. Dep’t. of Homeland Security, Civil Action No. 1:15-cv-615. (more…)