NBC reported that A law graduate from UC Berkeley sued the university for misinforming him regarding the OPT filing date. Henrique Faria, an international student from Brazil, supposed to take the position from the New York City offices of Ernst & Young and start working as a senior adviser for an international tax services practice. The offer came with an annual base salary of $120,000.
According to Faria’s complaint, the International Services at UC Berkeley admitted that the presentation slides regarding the OPT filing deadline had errors. Since Henrique Faria submitted the OPT application two days later than the actual OPT filing due date, USCIS rejected his application.
To appeal the case, the Director of the program, wrote a letter to USCIS explaining that it wasn’t the student’s fault to submit the overdue application but it didn’t work. Eventually, the Office advised him to go back to his home country and when he landed in the New York airport, he was arrested by Customs and Border Protection agents in shackles and handcuffs. Although the agent didn’t make any comment on this case, it can be assumed that he was arrested because he was out of status due to OPT rejection and all the things that he was going through to straighten things out.
NBC reports that the university claims that “it’s immune when it fails that effort, invoking a longstanding legal precedent ‘shielding officials from harassment, distraction, and liability’ for routine administrative errors.”
This story scares international students as it can happen to any international student, if this happened to a law graduate who has 9 years of work experiences as a lawyer. From this student’s case, F-1 visa students can learn two things: First, educate yourself with OPT visa news and regulations. Second, don’t wait until the deadline. In other words, apply for the OPT program as soon as you can.
The importance of educating yourself with OPT visa news and regulations
If only he had resources like this post: Best OPT start date: Remember the 90, 60, 30 rule and knew about the 5-month window, he could have avoided this situation and work for his “dream job.” This is not to say that it is his fault to not file the application in a timely manner but to urge current international students and OPT applicants to take some time to learn about the OPT program.
As OPT program is the only way that international students can work off-campus upon graduation before they get the work visa, it cannot be emphasized enough for students to be aware of OPT regulations. From the CPT/OPT page, international students can learn A to Z about the OPT program. Below are some of the articles that you can find on the CPT/OPT page in regards to applying for the OPT:
- Must-know 4 eligibility for student visa OPT
- Best OPT start date: Remember the 90, 60, 30 rule
- 7 Require documents for OPT Application
- IMPORTANT I-765 form update: 8/25/2020 edition
- I haven’t received my EAD; OPT EAD processing time
- 7 types of eligible F1 visa OPT works
- F1 OPT freelance work requirements
- How to write your OPT is “directly related to” major
- 15 students are arrested; OPT reporting requirement
- Cap gap opt that bridges OPT and H1B
- How to cancel OPT request & OPT application withdrawal process
The importance of applying for the OPT program ahead of the time
Since the COVID-19 pandemic, SEVIS SAVVY has published a handful of articles regarding the EAD card delays and updates. As you can see below, it was recommended to file the OPT application as soon as possible to allow more time for OPT applicants to receive the EAD card before the OPT start date.
- EAD card production delay due to USCIS printing issues
- Would delayed USCIS furloughs shorten the EAD processing time 2020?
- OPT Update 2021: I-797 receipt delay, I-765 mailing address change
- USCIS flexible OPT updates due to I-797 receipt notice delays
- 18 OPT applicants sued USCIS asking for the extension
It has never been easier to be informed of OPT visa news and updates with SEVIS SAVVY. From prospective international students to international graduates, anyone who would like to be informed of OPT-related updates can sign up for the newsletter or follow us on Instagram (@sevissavvy) and Facebook (@sevissavvyfb).
Henrique Faria’s case should not happen again and the institution should commit to delivering correct and most recent updates for international students. That being said, to reiterate, international students should educate themselves with OPT visa news, updates, and regulations as the primary responsibility to file the application falls under the student’s shoulder.
Yes, it is not easy for international students to gather all the information and updates but that is why SEVIS SAVVY’s mission is to bridge the opportunity gap which can stem from the lack of information. Hope this sad story doesn’t happen to all the readers by taking the necessary steps like adding SEVIS SAVVY in the bookmarks, signing up for the newsletter, and following us on social media.
