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Total Articles: 4

Update on STEM OPT Extension Rule

A February 12, 2016, court-imposed deadline to determine the fate of certain student work permits is fast approaching. At this point, it is unclear whether the U.S. Department of Homeland Security (DHS) will be able to meet its regulatory target date to extend work permits granted to certain students with F-1 visas. The failure to act or extend the work permits may adversely affect the continued employment of these workers.

Proposed New Optional Practical Training (OPT) Rules

The U.S. Department of Homeland Security has proposed amending its regulations on the optional practical training (“OPT”) program to allow international F-1 students with U.S. degrees in the sciences, technology, engineering, or mathematics (“STEM”) — attained from accredited institutions — to extend by 24 months the standard 12-month OPT period available to them to remain in the U.S. to pursue degree-related work experience.

eLABORate: Department of Labor's Changed Stance on the Applicability of the FLSA's Administrative Exemption to Mortgage Loan Officers Upheld by Supreme Court

On March 9, 2015, the United States Supreme Court (“Court”) issued its ruling in Perez v. Mortgage Bankers Association, upholding a Department of Labor interpretation regarding the status of mortgage loan officers as non-exempt under the Fair Labor Standards Act (“FLSA”), even though the DOL’s position was a 180-degree reversal from what it had said a few years prior. At issue in Perez was whether the Department of Labor could alter its position regarding whether mortgage loan officers qualify for the administrative exemption under the FLSA without adhering to the notice-and-comment rulemaking process set forth in the Administrative Procedure Act (“APA”). To fully understand the Court’s ruling, a brief background on both the APA and the applicability of the FLSA’s administrative exemption to mortgage loan officers is necessary.

F-1 Student Visa Optional Practical Training Cap-Gap/STEM Extension Rule Announced by Department of Homeland Security.

On April 4, 2008, the U.S. Department of Homeland Security (DHS) announced its intent to release an interim final rule that would affect F-1 students’ Optional Practical Training (OPT) in two significant ways.
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