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Petition on OPT program ruling draws thousands of names

Patrick Thibodeau | Aug. 19, 2015
Court ruling creates uncertainty in STEM hiring program, prompts demands for action.

Immigration attorneys believe that U.S. has enough time to remedy the problem. "Not to worry, this will be solved," tweeted, Carl Shusterman, a Los Angeles-based immigration attorney.

William Coffman and Michele Frangella, attorneys at Mintz Levin, wrote that the judge's ruling "jeopardizes the current STEM OPT program," but that DHS "should have sufficient time to issue the rule again for notice and comment and finalization prior to February 12, 2016."

Even so, John Miano, the attorney who represented the Alliance in its lawsuit, said there may not be a simple fix for the problem. Miano said the court order requires "proper" notice and comment.

"In a case like this, DHS must show that it approached the problem with an open mind. If they just try to ram through another OPT extension in six months rather than analyze whether such an extension is even necessary, they are going to be set aside again," said Miano.


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