A federal judge's ruling last week invalidated the 17-month extension for postgraduation work training for international students in the science, technology, engineering and mathematics (STEM) fields, but stayed the decision until February to give the U.S. Department of Homeland Security (DHS) time to submit the rules for the program for public comment.
In her ruling for the U.S. District Court for the District of Columbia, Judge Ellen Segal Huvelle determined that the original 2008 rule to extend the duration of the optional practical training (OPT) program for STEM students from 12 to 29 months was issued without appropriate public notice and comment.
In opting to invalidate the rule while imposing a six-month stay to give the agency time to address the problem, Judge Huvelle noted that vacating the 2008 rule would cause “substantial hardship” for thousands of international students who would have to leave the United States in short order, in addition to causing “major labor disruption” for technology-related industries.
The suit against the OPT program was brought by the Washington Alliance of Technology Workers, which argues that the OPT program generates unfair competition by creating a cheaper category of workers.
A DHS spokeswoman declined to answer specific questions about the agency’s plans for submitting a rule for public comment and the potential impact on international students who are taking advantage of the OPT STEM extension. “[U.S. Immigration and Customs Enforcement] is currently reviewing the ruling and cannot comment on the details of the decision,” said Sarah Rodriguez, a DHS spokeswoman.
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Established in 1995, THE KHOSLA IMMIGRATION LAW GROUP, P.C., is a full-service corporate business immigration & family immigration law firm. We are engaged exclusively in the representation of individual and corporate clients in H-1B, H-4, L-1A, L-1B, L-2, TN-1, TN-2, TD, E-3, B1 and/or B2 matters, assistance to F1 students for F1 OPT/CPT, and representation of employers and sponsored beneficiaries for the US Permanent Residency (Green Card) process under PERM (EB2/EB3) and under Extraordinary Ability Alien, Outstanding Researchers, and National Interest Waivers petitions (EB1/EB2) matters, as well as related AC21 Portability matters, Naturalization (N-400), and including Family Based Green Card filings for all our returning clients and new clients.
We also represent numerous individual clients each year in Family Based Green Card cases (I-130, I-485, K1 fiancee) as well as Citizenship/Naturalization (N-400) and Green Card renewal issues, and these are cases that typically emerge from our professional client base or referrals from our existing clients. We accept new clients and welcome our old clients who come back to us when they become eligible for filing their Naturalization applications, as well as new Family Based Green Card filings for their immediate relatives and other family members of US Citizens.
In 2015, this law firm has entered into its 21st year in business as a boutique business immigration law firm representing corporate clients, individual clients and their family members for work visas, student visas, business and visitor visas, employment and/or family based green card applications and citizenship filings.
We take great pride in our commitment to excellent client service by providing an outstanding legal work product, very reasonable fees and payment structure, rapid turnaround times, careful attention to clients, and timely updates on the latest developments in the area of immigration law. We also take great pride in the knowledge that all our core support personnel, case managers and paralegals have been with the law firm for over 15 years, and our clients truly appreciate these long associations with the same caring professionals over several years as their cases progress through the immigration system.
The law firm's principal attorney, Mr. P. Michael Khosla, enjoys a nationwide reputation amongst the core business immigration client community throughout the United States, for the personal attention and dedication to the cases he handles, a genuine compassion towards his clients, intelligent and strategic lawyering, an outstanding track record of winning cases, and a reputation for rapid responses to his clients’ emails throughout the entire representation period for issues related to their immigration cases. Since 1995, Attorney Khosla has successfully handled over 20,000 immigration cases over a wide spectrum and of varying levels of complexity, with a virtually 100% success rate.
During the course of the past (almost) two decades, this law firm has steadily grown to a point where it currently represents hundreds of corporate and individual clients each year, in business immigration matters for professional employment, and select family based GC matters, in all 50 states in the United States, and the law firm's foreign-born clientele has originated from over 60 different countries. The law firm's portal on the Internet, www.usimmigration.net has been in existence since 1995, making it one of the oldest immigration lawyer websites.