In a new set of regulations, the U.S. is seeking changes to what’s called the Operational Practical Training (OPT) program after a federal court ruled in August that the Government erred by not seeking public comment earlier.

1. STEM OPT PROGRAM CHANGES
BY MICHAEL PHULWANI, ESQ, DAVID H. NACHMAN ESQ,
AND RABINDRA K. SINGH ESQ.

2. Intro
In a new set of regulations, the U.S. is seeking changes to what’s called the
Operational Practical Training (OPT) program after a federal court ruled in
August that the Government erred by not seeking public comment earlier.
The OPT program allows foreign students to work in the U.S. for 12 months on a
student visa
In 2008 President George W. Bush administration added a 17 month extension
for students studying (STEM science, technology, engineering, and Math

3. Federal Judge Ellen Huvelle
Of the U.S. District Court in Washington, vacated the OPT STEM extension but
gave the federal government until Feb 12 2016 to set a replacement.
This revised plan increases the 17 month STEM extension to 24 months,
meaning foreign STEM students would be able to work in the U.S. for a total of
36 months and increase oversight of the program
It also seeks the development of formal mentoring programs, wage protections
for OPT workers and prohibitions against replacing U.S. workers

4. The Stem Extensions
The STEM extension had nothing to do with mentoring
The Bush administration sought it because demand for H-1B visas, led by IT
services companies, was exceeding the annual cap on such visas
This means that If a foreign graduate of a U.S. university didn’t get an H-1B visa
before the OPT period ran out, there was a risk that the individual would be
forced to leave the U.S.
The OPT STEM extension was, in effect, a workaround to congressional gridlock
that led to inaction on changes to the H-1B cap and on immigration policies in
general

5. Summary
Increases the STEM extension period from 17 months
to 24 months;
Provides for Cap-Gap extension for F-1 students with
timely filed H-1B petitions;
Modifies STEM definition and eligible categories;
Adds requirements that employers establish and
implement formal mentoring and training programs;

6. Continued
Provides safeguards for U.S. workers in specific fields;
Allows F-1 students to use previously-obtained STEM degree to
qualify for a STEM extension;
Requires school accreditation and mandates employer site visits;
Establishes a reporting requirements for STEM OPT students; and
Establishes compliance requirements relating to unemployment.