Yesterday, D.C. Federal District Court held that the Optional Practical Training (OPT) 17 month STEM extension rule enacted in 2008 was deficient because Department of Homeland Security (DHS) did not go through the proper notice and comment period before the rule went into effect. But, the court found that vacating the rule immediately would cause substantial hardship for F-1 STEM students and would create a major labor disruption for the technology sector. So, the court ordered that the 2008 rule and its subsequent amendments be vacated —but this will not take effect until February 12, 2016, during which time DHS may rectify the situation by submitting the rule for proper notice and comment.

*The STEM extension rule extends the period of post-graduation OPT by 17 months for STEM students on F-1 visas.