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Department of Homeland Security Vol. 80 Monday, No. 201 October 19, 2015 Part IV Department of Homeland Security 8 CFR Parts 214 and 274a Improving and Expanding Training Opportunities for F–1 Nonimmigrant Students With STEM Degrees and Cap-Gap Relief for All Eligible F–1 Students; Proposed Rule VerDate Sep<11>2014 18:49 Oct 16, 2015 Jkt 238001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\19OCP3.SGM 19OCP3 asabaliauskas on DSK5VPTVN1PROD with PROPOSALS 63376 Federal Register / Vol. 80, No. 201 / Monday, October 19, 2015 / Proposed Rules DEPARTMENT OF HOMELAND provided by STEM OPT extensions and Management and Budget, 725 17th SECURITY increase oversight, which will better Street NW., Washington, DC 20503, ensure that students gain valuable ATTN: Desk Officer, U.S. Immigration 8 CFR Parts 214 and 274a practical STEM experience that and Customs Enforcement, DHS. See the Public Participation portion of [DHS Docket No. ICEB–2015–0002] supplements knowledge gained through their academic studies, while the SUPPLEMENTARY INFORMATION section RIN 1653–AA72 preventing adverse effects to U.S. below for additional instructions on workers. By earning a functional submitting comments. Improving and Expanding Training understanding of how to apply their FOR FURTHER INFORMATION CONTACT: Opportunities for F–1 Nonimmigrant academic knowledge in a work setting, Katherine Westerlund, Policy Chief Students With STEM Degrees and Cap- students will be better positioned to (Acting), Student and Exchange Visitor Gap Relief for All Eligible F–1 Students begin careers in their fields of study. Program, U.S. Immigration and Customs AGENCY: Department of Homeland These on-the-job educational Enforcement, 500 12th Street SW., Security. experiences would be obtained only Washington, DC 20536; telephone (703) with those employers that commit to 603–3400; email [email protected]. ACTION: Notice of proposed rulemaking. developing students’ knowledge and SUPPLEMENTARY INFORMATION: SUMMARY: skills through practical application. The The Department of Homeland Table of Contents Security (DHS) proposes to amend its F– proposed changes would also help 1 nonimmigrant student visa regulations ensure that the nation’s colleges and I. Public Participation on optional practical training (OPT) for universities remain globally competitive A. Submitting Comments certain students with degrees in science, in attracting international STEM B. Viewing Comments and Documents C. Privacy Act technology, engineering, or mathematics students to study and lawfully remain in the United States. D. Public Meeting (STEM) from U.S. institutions of higher II. Abbreviations education. Specifically, the proposal DATES: Comments must be received by III. Executive Summary would allow such F–1 STEM students DHS on or before November 18, 2015. A. Purpose of the Regulatory Action who have elected to pursue 12 months Comments on the information collection B. Summary of the Major Provisions of the of OPT in the United States to extend provisions proposed in this rule must be Regulatory Action the OPT period by 24 months (STEM received by DHS and the Office of C. Costs and Benefits OPT extension). This 24-month Management and Budget (OMB) on or IV. Background and Purpose A. Authority, Regulatory History, and extension would effectively replace the before November 18, 2015. Recent Litigation 17-month STEM OPT extension ADDRESSES: You may submit comments, B. ICE and SEVIS currently available to certain STEM identified by the DHS docket number to C. Basis and Purpose of Regulatory Action students. The rule also improves and this rulemaking, Docket No. ICEB– V. Discussion of Elements of the STEM OPT increases oversight over STEM OPT 2015–0002, to the Federal Docket Extension extensions by, among other things, Management System (FDMS), a A. Including a STEM OPT Extension requiring the implementation of formal government-wide, electronic docket Within the OPT Program mentoring and training plans by B. STEM Extension Period for OPT management system, by one of the C. STEM Definition and CIP Categories for employers, adding wage and other following methods: STEM OPT Extension protections for STEM OPT students and • Electronically: Submit comments to D. Mentoring and Training Plan U.S. workers, and allowing extensions the Federal eRulemaking Portal at E. USCIS E-Verify Employment only to students with degrees from http://www.regulations.gov. Follow the Verification Program accredited schools. instructions for submitting comments. F. Previously Obtained STEM Degrees As with the current 17-month STEM • Mail: Address your written G. Safeguarding U.S. Workers through OPT extension, the proposed rule would comments to the individual in the FOR Measures Consistent with Labor Market Protections authorize STEM OPT extensions only FURTHER INFORMATION CONTACT section H. Oversight through School Accreditation for students employed by employers below. DHS docket staff, which Requirements and Employer Site Visits enrolled in U.S. Citizenship and maintains and processes U.S. I. Additional Compliance Requirements Immigration Services’ (USCIS’) E-Verify Immigration and Customs J. Cap-Gap Extension for F–1 Students with employment eligibility verification Enforcement’s (ICE’s) official regulatory Timely Filed H–1B Petitions and Change program. The proposal also includes the dockets, will scan the submission and of Status Requests ‘‘Cap-Gap’’ relief first introduced in post it to FDMS. VI. Statutory and Regulatory Requirements 2008 for any F–1 student with a timely Collection of information. You must A. Executive Orders 12866 and 13563: filed H–1B petition and request for submit comments on the collection of Regulatory Planning and Review B. Regulatory Flexibility Act change of status. This Cap-Gap relief information discussed in this notice of C. Small Business Regulatory Enforcement allows such students to automatically proposed rulemaking both to DHS’s Fairness Act of 1996 extend the duration of F–1 status and docket and to OMB’s Office of D. Unfunded Mandates Reform Act any current employment authorization Information and Regulatory Affairs F. Collection of Information until October 1 of the fiscal year for (OIRA). OIRA submissions can be made G. Federalism which such H–1B visa is being using one of the listed methods. H. Civil Justice Reform requested. • Electronically (preferred): OIRA_ I. Energy Effects In addition to improving the integrity [email protected] (include the J. Environment K. Indian Tribal Governments and value of the STEM OPT program, docket number and ‘‘Attention: Desk L. Taking of Private Property this proposed rule also responds to a Officer for U.S. Immigration and M. Protection of Children court decision that vacated a 2008 DHS Customs Enforcement, DHS’’ in the N. Technical Standards regulation on procedural grounds. The subject line of the email). proposed rule includes changes to the • Fax: 202–395–6566. I. Public Participation policies announced in the 2008 rule to • Mail: Office of Information and We encourage you to participate in further enhance the academic benefit Regulatory Affairs, Office of this rulemaking by submitting VerDate Sep<11>2014 18:49 Oct 16, 2015 Jkt 238001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\19OCP3.SGM 19OCP3 asabaliauskas on DSK5VPTVN1PROD with PROPOSALS Federal Register / Vol. 80, No. 201 / Monday, October 19, 2015 / Proposed Rules 63377 comments and related materials. All B. Viewing Comments and Documents SEVIS Student and Exchange Visitor comments received will be posted Information System To view comments, as well as STEM Science, Technology, Engineering, or without change to http:// documents mentioned in this preamble www.regulations.gov and will include Mathematics as being available in the docket, go to U.S.C. United States Code any personal information you provide http://www.regulations.gov and insert USCIS U.S. Citizenship and Immigration unless you request that your personally the complete Docket number starting Services identifiable information be redacted. We with ‘‘ICEB’’ in the ‘‘Search’’ box. Click III. Executive Summary also invite comments relating to the on the ‘‘Open Docket Folder,’’ and you economic, environmental, energy, or can click on ‘‘View Comment’’ or ‘‘View A. Purpose of the Regulatory Action federalism impacts that might result All’’ under the ‘‘Comments’’ section of from this rulemaking action. See the This proposed rule would affect F–1 the page. Individuals without internet nonimmigrant students who seek to ADDRESSES section above for methods to access can make alternate arrangements submit comments. obtain a STEM OPT extension, as well for viewing comments and documents as F–1 nonimmigrant students who seek A. Submitting Comments related to this rulemaking by contacting so-called Cap-Gap relief. The F–1 If you submit comments, please ICE through the FOR FURTHER nonimmigrant classification is available include the docket number for this INFORMATION CONTACT section above. to certain academic students seeking temporary admission to the United rulemaking, indicate the specific section C. Privacy Act of this document to which each States as full-time students at an comment applies, and provide a reason Anyone can search the electronic established college, university, for each suggestion or recommendation. form of comments received into any of seminary, conservatory, academic high You may submit your comments and our dockets by the name of the school, elementary school, or other materials online or by mail, but please individual submitting the comment (or
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