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The following text is from http://www.immigration-law.com/

Federal District Court in DC Vacates STEM OPT 17-Month Extension Rule on 08/12/2015 Effective 02/12/2016, Subject to Procedural Rectification

  • The court finds that the STEM OPT 17-month extension was enacted with the defective notice and comment required for the rule making and this rule is invalid. Considering the impact of the decision, the court stays effective date of invalidation of the rule for six months through February 12, 2016, subject to the DHS procedural rectification during the period. One saviour in the decision is that the agency now rectify the flawed rule-making process. WOW! Please read the full text: Washington Alliance of Technology Workers v. U.S. Department of Homeland Security, Civil Action No. 14-529 (ESH), U.S. District Court in the District of Columbia, 08/12/2015.

  • STEM OPT and prospective STEM OPT applicants should follow closely development of the DHS actions, whether to rectify per the court ruling or appeal the decision.

Update 1 (08/15/2015) from http://www.immigration-law.com/

  • As we reported yesterday, this court decision made two points clear. Firstly, the court decided to delay (stay) invalidation of the rule until 02/16/2016 to save current STEM OPTs from requirement of immediate departure from the date of order. Thus, if the DHS fails to rectify the procedural defects and enact it a rule timely with no legal defects, the current STEM OPT could be required to depart from the country after 02/16/2016. Secondly, the Court has given a chance for the DHS to rectify the flaws in the rule-making process by enacting the STEM OPT rule after going through notice in the federal register with a period of comment, all within less than six (6) months or by 02/16/2016. Assuming that the DHS decides to rectify the flaws and initinates and completes the new rule-making process rather than appeal of the decision before the court of appeals, there are a few questions that beg the questions.
  • Firstly, the agency within the DHS is not USCIS but USICE which has jurisdiction for student OPTs. It is the USICE that enacted the problematic STEM OPT rule without notice and comments in the rule-making process on the premises on the ground that the rule involves an “emergency” and could not afford going through the time-consuming notice and comment process. This court disagreed with the “emergency” argument of the USICE when vacating this rule. This begs a problem for the USICE. If the USICE is requied to initiate a new process with notices and comments in the rule-making process starting from the “proposed” rule step, there is a serious question as to whether the agency would be able to complete the rule-making process within less than six months from now. Secondly, the USICE indeed has been planning on initiating a “proposed” rule-making process beginning from August 2015, according the rule-making agenda, to amend the STEM OPT rule to extend the beneficiaries of this rule. Unfortunately, the USICE has yet to submit its draft of the proposed rule to the OMB persuant to the rule-making rules. It begs a question of whether the USICE would be able to complete the process within the set time. Additionally, this amended rule is not to initiate the STEM OPT rule but to expand the existing STEM OPT rule. It thus begs another question of whther ot not the court will accept this initiative as complying with the court’s decision in the case.
  • Without doubt, the STEM OPT community may see some type of actions on the part of the USICE very soon. Stay tuned to this website for the forthcoming development of this critical legal challenge to employment-based immigration system.

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Food science definition from the ITF site

Food science is the study of the physical, biological, and chemical makeup of food; and the concepts underlying food processing.Food technology is the application of food science to the selection, preservation, processing, packaging, distribution, and use of safe food

Here are the top 10 

  1. Cornell University
  2. University of Florida
  3. University of California – Davis
  4. University of Illinois at Urbana-Champaign
  5. University of Georgia
  6. University of Wisconsin – Madison
  7. Pennsylvania State University-Main Campus
  8. University of Minnesota-Twin Cities
  9. Clemson University
  10. University of Maryland-College Park

Source: http://colleges.startclass.com/d/o/Food-Science

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