75372555 story Federal Judge Calls BS On Homeland Security's 2008 STEM 'Emergency' 142 Posted by timothy on Saturday August 15, 2015 @07:24AM from the skept-should-be-a-verb dept. theodp writes: In 2008, the U.S. Dept. of Homeland Security enacted 'emergency' changes to Optional Practical Training (OPT) to extend the amount of time foreign STEM graduates of US colleges could stay in the country and work ("to alleviate the crisis employers are facing due to the current H-1B visa shortage", as Bill Gates explained it in 2007). More than seven years later, U.S. District Court Judge Ellen Huvelle has found that the government erred by not seeking public comment when it extended the program, and issued a ruling that could force tens of thousands of foreign workers on OPT STEM extensions to return to their home countries early next year. Huvelle has given the government six months to submit the OPT extension rule for proper notice and comment lest it be revoked. From the ruling (pdf): "By failing to engage in notice-and-comment rulemaking, the record is largely one-sided, with input only from technology companies that stand to benefit from additional F-1 student employees, who are exempted from various wage taxes. Indeed, the 17-month duration of the STEM extension appears to have been adopted directly from the unanimous suggestions by Microsoft and similar industry groups." Microsoft declared a new crisis in 2012, this time designed to link tech's need for H-1B visas to U.S. children's lack of CS savvy.