TSC update I-485 link still available – The Texas Service Center reports that the TSC EB update email address,ebupdate.tsc@dhs.gov will continue to be available to provide updates for pending I-485’s. There had been some question as to whether the link was still available. The purposes for use are:

· Notifying Texas that an applicant with a pending I-485 is porting under AC-21;

· Notifying Texas when an applicant with a pending I-485 has multiple approved I-140’s, one of which is current and has an immigrant visa available;

· Notifying Texas that an applicant has cross-country immigrant visa chargeability available;

· Notifying Texas that an applicant’s adjustment should be transferred to another office.

For porting, the subject line should state “EB I-485/AC 21”; for multiple approved I-140’s “I-485 multiple I-140’s”; for cross-country chargeability “I-485/CC”; and for transfer “Transfer”.

STEM OPT proposed rule – The Department of Homeland Security (DHS) set forth a notice of proposed rulemaking of STEM OPT in the Federal Register of October 19, 2015, with a short comment date to November 18, 2015. Although STEM OPT is an active ongoing program, such action was necessary due to D.C. federal judge Ellen Huvelle’s August 2015 ruling in Washington Alliance of Technology Workers v. U. S. Department Of Homeland Security vacating the OPT STEM extension but giving the federal government until February 12, 2016, to properly promulgate a rule subject to public notice and comment. The Washington Alliance had successfully argued that the STEM OPT extension was illegal as having been implemented without proper rulemaking. DHS has taken the opportunity to expand and modify the program in the proposed rule. Under it, the time for STEM extension is to be extended from 17 to 24 months; only accredited schools can participate in the program; a student who has already used the 24 months but moves to a higher level of schooling, e.g. bachelors to Masters degree, will be eligible for another 24 months along with the regular 12 months of OPT time upon graduation; the amount of time that STEM holders can be unemployed during the STEM time increases from 30 to 60 days; employers will have to implement mentoring and training plans along with a process for evaluation which ICE can monitor; and terms and conditions of the STEM opportunity will have to be comparable to those of similarly situated American workers. Hopefully everything can be done by February 12th as failure to meet the date raises the possibility that DHS will have to return STEM OPT applications and ask individuals to re-file at a later date.