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Old 06-01-2008, 06:29 AM
imm_pro imm_pro is offline
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Default STEM OPT Extension Rule Sued by H-1B Opponent Groups in Federal Court on 05/29/2008

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05/31/2008: STEM OPT Extension Rule Sued by H-1B Opponent Groups in Federal Court on 05/29/2008

Report indicates that the anti-H-1B organizations filed a lawsuit in the federal court in Newwark, New Jersey on May 29, 2008 challenging the authority of the DHS to make such rule by an administrative regulation. The lawsuit seeks to have the court declare DHS regulations implemented last month unlawful. The DHS rule extends the time foreign students with degrees in Mathematics, Engineering, Science or Technology are allowed to work after graduation under Optional Practical Training, from 12 months to 29 months. This lawsuit is important in that it is a challenge to the Bush Administration's "administrative fix" of nonimmigrant and immigrant problems by regulations and without legislation. Considering the fact that the Congress is currently in gridlock and legislative relief or fix of immigration problems is hopelessly stalled, the administrative fix has been considered very important for the employment-based immigrants. TN three-year proposal is another important administrative fix without legislation for the Canadian and Mexican professionals. The Administration has been considering serveral other administrative fix initiatives, and these anti-immigration groups' strategy to challenge and block such administrative fix of immigration problems for the foreign brains is indeed a new development, which the immigration lawyers community should be active to support the DHS in the litigations. Please stay tuned to ths website for this important development.
We must note that the STEM OPT 29-month administrartive fix was intigated and demanded by the 20 "Senior" U.S. senators in their joint letter to the DHS Secretary Chertoff last November. Now this rule is challenged in a federal court and the Senate should come forward to fix the issue at the legislative level by passing Senator Coleman's Action Act, S. 2653, which is pending in the Senate Judiciary Committee. This bill proposes the exactly same STEM OPT 29-month Program. This bill also proposes to reinstate the visa revalidation program. Again, the immigrant community hoped that the State Department reinstate the visa revalidation program as another form of administrative fix of the problems which foreign brains have been facing. However, report indicates that the State Department has no plan to reinstate this program at this time. In this regard, the legislative fix is the only option for the foreign workers to achive the visa revalidation program. For the full text of this bill, please revisit our table of pending legislative bills which we reported on May 11, 2008.
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Old 06-01-2008, 09:35 AM
kalyan kalyan is offline
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I think the Student community has come together and make a decision on how to tackle this situation . They should involve universities, professors, the companies who generally fund their projects.

Its time for the Student community and the Opt holders to come under a single umbrella.

May be it is not good that DHS/USCIS has made changes without being passed in congress.

Its Good, if opt holders win, then this kind of future trouble is gone for ever and lot of organisations will be keep mum for considerable time.
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