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There has been a challenge to the STEM OPT 17 month extension. Based on a recent court case, it was determined that the rule which allowed for the 17 month extension did not go through the proper notification and comment period. DHS now has until May 10 to finalize its proposed STEM OPT regulation. This gives the DHS time to submit the regulation through the proper channels. By granting the extension, the court has effectively postponed its previous deadline of Feb. 12 to May 10, leaving the current rule governing the STEM OPT extension in place in the meantime.
Students who currently have the F-1 STEM extension may continue their employment and students who qualify for the STEM extension but have not yet applied for it may still apply for the STEM extension during the normal time frame for filing STEM extension applications.
Here at OIE, we realize that this ruling has a strong impact on you and we understand your concerns. Unfortunately, we will not have answers to specific student case questions until more information from DHS has been released. The OIE is actively monitoring this issue and is working through our national organization to advocate for the upholding of this important benefit. We will share any updates as soon as they are available.