October 5 2015 – After a period of uncertainty and the lawsuit which actually “killed” the OPT extension, the government has finally followed the DC court in pushing the OPT extension. As such the OPT extension went onto the OMB rule-making process. If it goes through, the OPT extension will be going back on track.
- Yesterday, October 2, 2015, the USICE submitted the STEM OPT “proposed” rule to the OMB for its review and approval. This is the first step for the required rule-making procedures and steps. Once the OMB approves it, ICE will publish it in the federal register seeking comments within certain period of time. Once ICE receives comments, it will review all the comments and then draft and submit an interim final rule to the OMB again for its review and approval. Once the OMB approves it, the ICE will publish the Interim Final Rule in the federal register again with the effect date notice. Interim Final Rule is a legally binding rule. This process must be completed by February 12, 2016 under the court order. Since the ICE has just officially initiated it, it should be do-able to achieve it within the time line.
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