On December 22, 2015, Department of Homeland Security filed a motion in federal court in Washington Alliance of Technology Workers v. United States Department of Homeland Security to extend time that its current F-1 STEM regulations remain in effect beyond their current court ordered expiration date of February 12, 2016. In response to the court order, DHS issued proposed F-1 STEM regulations on October 19, 2015.
As background, the Washington Alliance of Technology Workers sued DHS alleging that DHS impermissibly issued F-1 STEM regulations in 2008. The court agreed with the plaintiffs but stayed vacating DHS’ current F-1 STEM regulations until February 12, 2016 to permit DHS time to properly issue new F-1 STEM regulations. DHS issued its proposed F-1 STEM regulations on October 19, 2015.
Citing extraordinary circumstances in its receipt of more than 50,000 comments to its proposed regulations which it must review and to which it must respond, DHS stated that it needs approximately 30 additional days to complete rulemaking and an additional 60 day period to train its personnel and provide training aids and materials for foreign students, universities and employers beyond the current February 12, 2016 date.
DHS seeks an extension of the court’s vacatur order until May 10, 2016.