Chertoff De-facto H-1B Increase

NumberUSA: On April 2, DHS Secretary Michael Chertoff signed off on an extension of the Optional Practical Training (OPT) visa without a vote in Congress or public debate. Rob Sanchez writes in his Job Destruction Newsletter, "More students on OPTs mean that the available H-1Bs can be used for other types of foreign workers. Effects will be felt all the way up the food chain." Extending Period of Optional Practical Training by 17-Months for F-1 Nonimmigrant Students with STEM Degrees and Expanding CapGap Relief for All F-1 Students with Pending H-1B Petitions:

SUMMARY: Currently, foreign students in F-1 nonimmigrant status who have been enrolled on a full-time basis for at least one full academic year in a college, university, conservatory, or seminary certified by U.S. Immigration and Custom Enforcement's (ICE's) Student and Exchange Visitor Program (SEVP) are eligible for 12 months of optional practical training (OPT) to work for a U.S. employer in a job directly related to the student's major area of study. This interim final rule extends the maximum period of OPT from 12 months to 29 months for F-1 students who have completed a science, technology, engineering, or mathematics (STEM) degree and accept employment with employers enrolled in U.S.

Citizenship and Immigration Services' (USCIS') E-Verify employment verification program. This interim rule requires F-1 students with an approved OPT extension to report changes in the student's name or address and changes in the employer's name or address as well as periodically verify the accuracy of this reporting information. The rule also requires the employers of F-1 students with an extension of post-completion OPT authorization to report to the student's designated school official (DSO) within 48 hours after the OPT student has been terminated from, or otherwise leaves, his or her employment with that employer prior to end of the authorized period of OPT.

This rule also ameliorates the so-called "cap-gap'' problem by extending the authorized period of stay for all F-1 students who have a properly filed H-1B petition and change of status request (filed under the cap for the next fiscal year) pending with USCIS. If USCIS approves the H-1B petition, the students will have an extension that enables them to remain in the United States.

Action - Click here to send Secretary Chertoff an email. Use the option DHS Press option when selecting a filter for your email. A simple message is enough. Here are a few examples of comments that might be helpful (please try to write your message in your own words):

The OPT extension is a de-facto H-1B increase. It is outrageous that this was implemented with out a Congressional vote or public discussion.

OPTs have far fewer restraints than those who hire H-1Bs. OPTs don't have protections that H-1B provides such as "good faith efforts" to find American workers or prevailing Salaris that are supposed to keep Americans from being underbid by cheap labor.

Students and their parents have invested thousands of dollars and years of study to attain jobs that will be given away to H-1B holders and OPTs.

OPTs will be perpetual laborers who take scarce internships that American students desperately need.

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Tags: F-1 Students, H-1B, ICE, Michael Chertoff, NumbersUSA, OPT, visa To share or post to your site, click on "Post Link". Please mention / link to the ARRA News Service. Thanks!