On March 2, 2016, the Office of Management and Budget announced that it has approved the final version of the STEM OPT regulation. Based upon this approval, we expect to see the rule published in the Federal Register within a matter of days. There is likely to be a 60 day implementation period, which means that DHS will meet the May 11, 2016 deadline set by the U.S. District Court in Washington Alliance of Technology Workers v. DHS. This will ensure that students presently working in the United States on a STEM OPT extension will be able to continue working without interruption as long as they follow the procedures set forth in the new rule.
The final contents of the rule have not yet been released, and will remain unknown until the rule is published in the Federal Register. Employers or students with questions about STEM OPT should contact SPS Immigration PLLC.