Update on Proposed STEM Extension Rule


On December 22, 2015, the Department of Homeland Security motioned the U.S. District Court for the District of Columbia to extend the stay of vacatur for approximately 90 days. In plain English, DHS asked for more time under the current 17-month STEM Extension. The justification for DHS’ request is extraordinary circumstances – 50,500 comments to be exact. That is not a typo. The DHS received an exorbitant number of comments to review; far too many for the typical 30 day review and revision period. For this reason, the DHS request an additional 30 days, which if granted, would allow the DHS 30 days for public examination and comment, 60 days for revision and rulemaking, and 60 days for delayed-effective-date as required for significant rule changes. If granted, the 17-month STEM extension would remain in effect until May 10, 2016. If denied, it is unclear how the Court would deal with the detrimental impact to students and employers alike.

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