The STEM OPT program, which was set to expire February 12, 2016, has now been extended until May 10, 2016. We expect that the program will be continued after that, albeit with new rules. Eligible students can continue to apply for STEM OPT.
In August, a U.S. federal court ruling called into question the STEM OPT program. The court found that the 2008 rule creating the STEM extension was defective and “vacated” the rule. This court decision had no immediate impact on STEM OPT extensions and eligible students can continue to apply for STEM OPT.
The court ruling called upon the Department of Homeland Security (DHS) to propose a new STEM OPT rule, which DHS is now creating. According to the Council for Global Immigration, DHS plans to publish its final STEM OPT rule by March 11, 2016 and make the rule effective by May 10, 2016. The court’s order and memorandum opinion explaining why the court granted the extension are available on NAFSA’s website.
The Office of International Services will continue to monitor this situation closely and we will communicate any updates on the OIS website as well as in the International Update.