The US Supreme Court has denied certiorari – meaning they will not hear the case and the last decision in this matter, issued by The Washington DC Circuit Court of Appeals (which permitted the rule to stand), remains in force as the final decision.  The Washington Alliance of Tech workers, a protectionist organization, had filed the challenge.

The 2016 STEM regulation extended the additional 17-months STEM extension of OPT for F-1 student who had completed a degree in a designated STEM field out to a full 24 months.  The extension is in addition to the initial 12-month OPT period available to F-1 students who have completed a US degree in any field.

The rule also formalized the preexisting “Cap-Gap Extension” policy allowing ongoing employment authorization from the expiration of an OPT period of employment through September 30, where a Cap-Subject H-1B had been filed and would, if approved, provide ongoing authorization to work form October 1 onward incident to status.

On the enforcement side, the 2016 regulation implemented the requirement of an I-983 training plan for STEM OPT, and limited qualifying STEM degrees to those issued by accredited schools.