On December 22, 2015, DHS filed a motion under Federal Rule of Civil Procedure (FRCP) 60(b)(6) requesting that the U.S. District Court for the District of Columbia extend the stay of vacatur of the 2008 STEM OPT interim final rule for 90 days, in order to give the government additional time to analyze the more than 43,000 comments that were received in response to the agency’s October 19, 2015, Notice of Proposed Rulemaking. In this Leadership Blog post, AILA President-Elect William Stock outlines the government’s options for delaying the February 12, 2016, deadline, and explains the upshot of this legal maneuvering.

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Alka Bahal is a Partner and the Co-Chair of the Corporate Immigration Practice of Fox Rothschild LLP. Alka is situated in Fox Rothschild’s Roseland, New Jersey office though she practices throughout the United States and at Consulates worldwide. You can reach Alka at (973) 994-7800, or abahal@foxrothschild.com.