public comment now accepted for OPT extension
public comment now accepted for OPT extension
Date: Monday, April 28, 2008 4:16 PM
<<<<< JOB DESTRUCTION NEWSLETTER No. 1861 -- 4/28/2008 >>>>>
The Dept. of Homeland Security is now accepting public comment concerning
their interim regulation to extend Optional Practical Training (OPT) from
12 months to 29. The DHS put the regulation into effect before they accepted
public debate by using the "Administrative Procedure Act" (see my op-ed
below), which means that all commentary is post mortem.
At this point, it's doubtful the OPT extension can be stopped without filing a
lawsuit for an injunction. Public commentary may influence nuances of the
final regulation, but it won't stop tens of thousands of foreign students and
recent graduates from gaining temporary work permits. In other words, this
regulation is a done deal.
So far the public comments overwhelmingly favor the OPT extension, so unless
that changes we shouldn't expect a positive outcome. Many comments are
obviously organized efforts by advocates of foreign students, but so far
advocates of American students and STEM professionals remain silent.
With that in mind, guess who is going to prevail?
Considering the fact that in this case public commentary is strictly post
mortem, is there value to leaving a public comment? Here are a couple of
reasons why it's a worthwhile thing to do:
<> To go on public record as opposing the OPT extension.
This may have value if there is a legal challenge against it. At the very
least, documented opposition will prevent the DHS from claiming they did this
with the approval of the public. So far there are almost no comments that
oppose the extension, so the DHS will likely conclude that the American public
either approves of the change or doesn't care.
<> To pressure the DHS to change the regulation.
Keep in mind that the regulation is termed "interim", which means that after
60 to 90 days it could be modified. Consider the possibility that the
regulation could be made worse! So far the majority of commentators are
complaining that the new regulation is too restrictive. If they get their way
OPT will have no time limits, and OPTs will be issued for all college degrees
-- not just STEMS. There are a lot of complaints about using the E-Verify
system in order to verify eligibility to work, which leads me to believe there
may be more illegal aliens on OPT.
These are a few excerpts from comments that are already online:
"The STEM rule for OPT extension does not address MBA degree."
"I am very disturbed by the fact that Architecture is not included in the
STEM"
"we would like request to consider our plea to make foreign students in field
of pharmaceutical sciences also eligible for OPT extension.
"I would strongly urge you to reconsider CFR Part 214.2 (f) (10) (ii) (E)
revision in DHS ICEB-2008-0002 and delete the proposed 90-day unemployment
limit for OPT holders."
"Please consider MIS as a part of STEM and allow us to have extended OPT"
"I strongly recommend including Food Science and Technology (CIP 1.10) in the
list of STEM majors. The food and beverages industry is one of the most
importants in the economy of USA. When biological, chemical and physical
majors have been included in STEM? How can you leave food science out?"
"Can Public Health graduates (Code 51.22) be considered for the STEM extension
as well?"
"Please take the time to reconsider the inclusion of RNs (associate s and
bachelor s degrees) in the OPT extension. International Students like me will
be incredibly grateful if had this chance as we continue to be proud to give
back to your community through our jobs under the OPT."
"Management Majors should also be eligible for 17 Months OPT extension."
"In my opinion this E-verify should not be the condition for those OPT
students who are already employed, otherwise the motive for this rule will not
be fruitful and viable and will direclty affect the employees and the
employers."
"The limitation of 90 days of unemployment leads to out of status for
international students is ridiculous and is a disgrace to all international
students and scholars."
"I think the amount of time for these students to receive an adequate
education as well as fully develop their skills is longer than the amount you
are allowing them. An increase in the amount of time really should be
required."
"It is really ridiculous that such a harsh policy would be imposed on F-1
students."
Public comments are being archived at regulations.gov. Take these steps to
read comments and submit your own.
There are several ways to get to the OPT commentary section. Here is one of
them:
1: Go to http://www.regulations.gov
2. Input the document ID, ICEB-2008-0002-0001 in the first search window to
the left (it says search all documents). You should see a page titled:
"Extending Period of Optional Practical Training by 17-Months for F-1
Nonimmigrant Students with STEM Degrees and Expanding Cap-Gap Relief for All
F-1 Students with Pending H-1B Petitions".
3. If you want to view the entire 48 page regulation, click the link to the
Adobe Acrobat document titled "View this Document".
4. To view comments, click the link that says: "Docket ID: ICEB-2008-0002".
Be careful because there is another link called "Document ID:
ICEB-2008-0002-0001" that doesn't allow you to get to the comments; it just
shows some additional docket information.
5. The comments are listed in the left hand column starting with ICEB-2008-
0002-0002, ICEB-2008-0002-0003, etc. Click on any of those numbers to read
comments, but don't be surprised if you have to click some of them twice. The
software is buggy so sometimes you have to click a link twice for it to work.
6. Use the back arrow on your browser to get back to the list of comments.
They have a page scroller, but sometimes it also requires two clicks. To see
the most recent comments click the ">>" button.
7. At any time you can click the link "Send a comment or submission" or "Add
comments". The "Add comments" is to the right hand side of the page.
8. Fill in the "Public Comment and Submission Form" being aware that
everything posted there is placed in the public domain. Therefore do not
include information you don't want to be made public. Some people make the
mistake of providing too much personal information, and then it's difficult to
have it removed. Including statements like "do not print my address"
will be ignored. It's a good idea to save your comments just in case when you
submit the page and it crashes -- that way you don't have to rewrite from the
beginning. It can take several days for comments to appear online.
9. If you have problems, contact the administrator of this project. Atilla
Akgun's contact information is at the top of the first page. I and several
others have made contact with him and he responded fairly promptly.
***** READ THIS BEFORE POSTING YOUR COMMENT ******
If you want your comment to be taken seriously spend a little time to study
how to make your effort worthwhile. Think before you write!
It seems that the foreign students who are commenting have been well coached,
so it behooves all of us to meet or exceed the standards they are adhering to.
There are two very important points to consider before posting a comment:
1 -- State your position in the first sentence because when the bean counters
make a tally that's what they will read. It should say something like, "Please
rescind the interim final rule with docket number DHS NO.
ICEB-2008-0002 immediately".
2 -- Don't bother posting anonymously. It's probably a waste of time. If you
want to be counted on the public record, you have to be willing to go public.
That doesn't mean you need to give your address or phone number or too much
personal information, but don't consider this just another internet forum
because that's not its purpose. If you want to rant go to a Yahoo group as an
alternative to commenting to the DHS. You can use a pen name to get your
comment online and many do that, but you may not have legal standing if some
kind of class action lawsuit is filed against the DHS. Only you can decide
your tolerance for public exposure.
3. OK, now that you have carefully read everything above, you can use these
two links to get a better idea of how to write a comment, and even why you
should even bother. Both links are to different government agencies but they
have very useful information.
http://www.fda.gov/fdac/features/2004/604_public.html
The Importance of Public Comment to the FDA, By Carol Rados
http://www.fakr.noaa.gov/prules/effectivecomments.pdf
Tips for Submitting Effective Public Comments
4. After the all important first sentence, you can write what's on your mind,
but make sure it reasoned and informed. I just published an op-ed which you
can read below. Feel free to copy and paste anything you feel is relevant to
your argument. Many posters are using form letters so there is nothing wrong
with plagiarizing a little. At the time of this writing there aren't many
other comments you can read that oppose OPT. Here are a few that you could
look at to get ideas:
2008-0002-0050 Dr. Gene Nelson commented and included attachments. Gene Nelson
included PDF attachments to bolster his arguments. It's best to use text
(text) or Adobe (pdf) for attachments because they are universal and don't
be wary of opening them.
2008-0002-0153 My commentary is based on the op-ed below. The comment I left
getsd a failing grade because I didn't have one sentence upfront that states
that I oppose the OPT extension. That first sentence is the most important one
you write, so don't forget it! I would have made the document stronger had I
read "Tips for Submitting Effective Public Comments" first.
Of course nothing stops people from submitting more than one comment, so I
will probably resubmit with a stronger opening sentence.
2008-0002-0205 Donna M. Conray with attachments. She had a good opening
statement because it was simple and to the point: "Rescind this ruling."
There are a few others that oppose the OPT extension, but so far that's about
it.
ONE FINAL REQUEST: I know by now you guys are probably burned out on comments,
but comments to my op-ed would be appreciated. It would show the editor that
somebody is interested in immigration/work topics besides foreign students.
+++++++++++++++++++++++++++++++++++++++++++++++++++
http://www.eastvalleytribune.com/story/114926
The Search for Internships Just Got Tougher
By Rob Sanchez
It s that time of year when college students are on the hunt for those all
important internships and jobs. Thanks to Homeland Security Secretary Michael
Chertoff their job search just got a whole lot tougher.
Effective as of April 8th, a new regulation to extend the Optional Practical
Training (OPT) program was initiated by Chertoff, who was acting at the behest
of a group of senators calling themselves the Republican High Tech Task Force.
This bureaucratic fiat was pulled off without a vote or public debate so the
senators involved won t be held responsible for this mean-spirited attack on
college-age students and young professionals; no public voting record means no
accountability
Currently, foreign students in Science, Technology, Engineering, and Math
(STEM), are allowed to work in the U.S. for 12 months by using the OPT
program. Students finishing their degree can continue to work in the U.S.
but they must transition to other work visas such as H-1B before the 12 month
period has expired. OPT is often used as an interim visa because the available
H-1B visas run out within days of each new fiscal year.
Under the new regulation the time period for OPT was increased from 12 months
to 29 in order to give foreign STEMS more time to remain in the United States
to work, study, and obtain H-1B visas. The extension is a de facto increase in
the number of H-1B visas but its effects are potentially more damaging.
Extending OPT will create a large pool of foreign students and graduates that
remain in limbo until they get an H-1B or green card. Neither OPT or H-1B
visas have provisions that require employers to favor qualified Americans, but
OPT is worse because there is nothing that requires payment of fair salaries,
and there are no upper limits on how many of them are allowed to work in the
U.S.
This year alone the DHS estimates there are 70,000 foreign students and
graduates are waiting in the queue for an extension. They hold jobs that tens
of thousands of American students desperately need. It s a simple numbers game
-- Americans are forced to compete for a diminishing number of jobs with
thousands of students from foreign countries who are willing to work for less.
So those who thirst for vast quantities of cheap and educated labor scored a
huge victory at the expense of American students who are sacrificed as
collateral damage in the war to improve corporate earnings. Students and
recent grads won t be the only ones to feel the effects of this "job buster."
It won t take long until professionals with several years experience are
shunned from jobs that are occupied with those that transitioned from OPT
status to H-1B. Expect a downward spiral of wages as the flood of foreign
STEMs work their way up the labor food chain.
Normally when a regulation is being considered there is a period of public
comment to consider all sides of the issue . But this time there was no
debate. Buried deep within the 48 page regulation, the DHS circumvented
protocol by invoking the "Administrative Procedure Act" allowing procedures to
be ignored when issues are thought to be vital to the public interest.
So DHS makes the extraordinary claim that extending OPT is a national
emergency that's so urgent implementation can't wait for debate. They elevated
the issue to same level as a terrorist dirty bomb attack!!!
The DHS document contains a hyperbolic warning that any delays in
implementation of the regulation would result in "serious damage to important
interests." Unmentioned is the fact that Bill Gates recently lobbied the
Senate for an OPT extension and made audacious claims that the future of high-
tech depends on the ability of Microsoft to employ and retain foreign
students.
Perhaps the biggest problem with this regulatory activism is Constitutional.
Article I, Section 8 of the U.S. Constitution. It states that Congress shall
have the power to "establish a uniform Rule of Naturalization." By increasing
the number of foreign students who can work while they study, the DHS, which
is part of the executive branch, is trampling the jurisdiction of the
legislative branch. This is another all too common example of Constitutional
malfeasance under the Bush administration that shouldn t be tolerated.
Rob Sanchez is a Senior Writing Fellow for Californians for Population
Stabilization (CAPS), www.CAPSweb.org . He can be reached at
admin@jobdestruction.info or info@CAPSweb.org.
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