The Federal District Court in Washington DC has stayed (extended) the time in which USCIS must issue a final STEM OPT rule, thus granting USCIS a new deadline of May 10, 2016. This action by the court allows USCIS time to issue a final rule in accordance with the Administrative Procedures Act. Students needing to extend their OPT during this time may continue to use the “old” rules, and employers may continue to accept existing EADs. We expect the final rule will be published before May 10th, allowing employers and their STEM OPT employees time to make any necessary adjustments.
We know this is an important issue for many of our clients, both employers and employees alike. The final rule will have some OPT improvements, and we will keep you informed of any developments.