The USCIS now has until May 10, 2016 tofinish its review of the more than 50,000 public comments submitted in responseto the new STEM OPT Extension regulations and to issue a new STEM Program. Until May 10, 2016, the old OPT STEMextension program remains in effect.
In August 2015 the US District Court forWashington, DC ruled that the USCIS STEM OPT Extension program was invalidbecause the USCIS had not followed the proper procedure when STEM Extensionprogram was created. Before creating a new program, the law requires thatthe USCIS must first give the public time to comment on the program proposal. The USCIS did not allow the proper public comment period when creating the STEMExtension program.
In August 2015 the federal judge ruled toabolish the STEM Extension program, but the judge also found that abolishingthe program immediately would cause a hardship to F-1 students currently onOPT. The judge allowed the USCIS six months until February 2016 tore-create the program using the proper procedure. The six month windowwas set to expire on February 12, 2016.
The USCIS re-issued the STEM Extensionprogram last fall and received over 50,000 comments from the public. InDecember 2015 the USCIS requested additional time to review the publiccomments. The judge has now granted the USCIS an additional three monthsto complete its review of the public comments. The USCIS has until May10, 2016 to complete its review of the public comments and enact the new STEMExtension program.