→ painkiller: 先持觀望態度 目前沒看到主要媒體有報導 08/14 22:14
→ cchris: dhs二月中之前做完該做的事就沒問題 08/15 02:57
這消息感覺挺負面的，不知道可信度和翻盤的可能性多大，沒有去找法院文件來看看
給大家參考一下
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http://goo.gl/CJuOjG
A Washington DC Federal court has held that DHS improperly
promulgated the 2008 regulations creating the 17-month OPT CAP GAP
extension for STEM graduates. According to the court, DHS should
have placed the proposed regulation before the public, allowed
everyone to comment, considered the comments and then published
the final regulation. Thus, DHS violated the procedural mandate
requiring "notice and comment." According to the court, there was
no good reason to skip the "notice and comment" mandate.
The program has been "canceled," but the cancellation will not
become effective until 13 February 2016. DHS, therefore, has
until 12 February 2016 to "redo" the regulations with proper
opprtunity for notice and comment. There is every likelihood that
DHS will be able to do just that. We shall wait, watch and keep
you updated.
The court said:
Court concludes that immediate vacatur of the 2008 Rule would be
seriously disruptive. In 2008, DHS estimated that there were
approximately 70,000 F-1 students on OPT and that one-third had
earned degrees in a STEM field. 2008 Rule at 18,950. While DHS has
not disclosed the number of aliens currently taking advantage of
the OPT STEM extension, the Court has no doubt that vacating the
2008 Rule would force “thousands of foreign students with work
authorizations . . . to scramble to depart the United States.”
(Def.’s Opp. at 44.) Vacating the 2008 Rule could also impose a
costly burden on the U.S. tech sector if thousands of young
workers had to leave their jobs in short order. The Court sees no
way of immediately restoring the pre-2008 status quo without
causing substantial hardship for foreign students and a major
labor disruption for the technology sector. As such, the Court
will order that the 2008 Rule – and its subsequent amendments –
be vacated, but it will order that the vacatur be stayed.14 The
stay will last until February 12, 2016, during which time DHS can
submit the 2008 Rule for proper notice and comment.
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