DHS files motion to protect improper OPT rules

December 28, 2015
The US Court has vacated fresh rule for Optional Practical Training Program (OPT) effective till 12th February 2016. The court offer DHS a six month holdup to permit it to take some form of remedial action. The time limit for the DHS to correct by obtaining a fresh regulation in place had approached and left.

OPT is for overseas workers camouflaged as students, the latest rules extend the time period overseas graduates in the STEM fields can work under the PT status.

DHS files motion to protect improper OPT rules

As DHS makes a point to the court, once the rule is vacated on 12th February 2016, foreign workers working on the OPT extensions would have to stop the work and leave the nation.

DHS filed a motion previous week with District court of the US in search of relief from judgment, hopeful to receive a additional delay on vacatur of the rule. 

The motion process would extend into mid of January. Relying on how long it takes the judge to decide, the overseas workers would receive less than a month of time notice whether they could continue working after 12 February 2016. In fact, they might not get any notice. 12th February would come with no court decision and they would have to stop working immediately.

DHS might have used the six month wait, court issued them for planning an transition for when the OPT extensions go away, but they have not done so.

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