Update: STEM EADs

15. Oct. 2015

This is an update to this article: Court Strikes Down STEM EADs

On October 2, 2015, Department of Homeland Security submitted a new proposed STEM OPT rule for OMB review (Office of Management and Budget). OMB review and approval is the first step in the rule-making process.  On October 14, 2015, OMB concluded its review and now the next step is for DHS to publish the proposed rule in the Federal Register, which should happen very soon.

The day before the rule is to be published, the Office of the Federal Register will make available online a public inspection version of the notice. The proposed rule notice will:

Indicate the comment period (at least 30 days)

  • Contain a detailed DHS discussion of their proposal in the supplemental information part of the notice
  • Include the text of the proposed rule itself, showing how it would modify the current rule
  • Provide instructions for the public to submit comments

After the comment period is over, an Interim Final Rule will be published in the Federal Register, which can be effective immediately.  Based on current progress, it is possible for STEM EADs to resume before the court deadline of February 12, 2016.

Although details of the proposed rule is not yet available, it is believed the new rule will increase the STEM OPT extension period from 17 to 24 months.