International students who identify their genders differently from the biological one might be wondering if it’s OK to mark the preferred gender on the OPT/ STEM OPT application Form I-765.
Similarly, current OPT/ STEM OPT EAD card holders who changed their genders on legal documents would want to know if the gender mark on their EAD card can be updated as well.
This post will explore the recent update from USCIS for more clarification on the gender identification and (STEM) OPT application.
Contents
Case study scenario 1: My passport shows my gender is female but my preferred pronouns are he/him/his.
Should I select my passport (biological) gender for my OPT/STEM OPT applications? I am worried that the discrepancy between the gender that I mark on the application and relevant documentation might cause delays.
Case study scenario 2: I am planning to go back to my home country to legally change my name and gender.
Once the document is ready, I will apply for a new passport and visa that reflect the updated gender.
Since I currently hold an EAD card for my OPT, I am wondering if I need to take action to update my EAD card as well.
Answers based on the regulation
Answers for case study scenario 1.
On March 31, 2023, USCIS confirmed that the policy, as well as various USCIS forms, have been updated to allow applicants to select self-identified gender.
This means that OPT/STEM OPT applicants can choose the self-identified gender even if it does not match the one on the passport.
U.S. Citizenship and Immigration Services is updating policy guidance in the USCIS Policy Manual to clarify that, effective immediately, USCIS will accept the self-identified gender marker for individuals requesting immigration benefits.
USCIS Updates Policy Guidance on Self-Selecting a Gender Marker on Forms and Documents
Therefore, the student in the case study scenario does not need to worry about the discrepancy between the gender identification on OPT/ STEM OPT application and gender information on the passport or visa.
To reiterate, international students can self-identify their gender when applying for OPT/STEM OPT and it does not have to be matched with any supporting documents (passports, recommendation letters, etc.) and they do not have to submit any supporting evidence for the self-identified gender marker.
The gender marker they select does not need to match the gender marker indicated on their supporting documentation.
USCIS Updates Policy Guidance on Self-Selecting a Gender Marker on Forms and Documents
Now, let’s move on to the second scenario.
How to update the gender information on EAD
Answers for case study scenario 2-1: Students who applied for an EAD but have not yet received the document
Students who already submitted an OPT/STEM OPT application but haven’t received the EAD can change the gender information on the Employment Authorization Document (EAD) by reaching out to USCIS and request a change.
*Please note that the update does not apply to the U.S. citizenship applicant as of June 2023. Form N-565, Application for Replacement Naturalization/Citizenship Document applicants must continue to follow the form instructions.
According to the Updating or Correcting Your Documents, the procedures to request a change are different based on your application status:
- If you received a Request for Evidence (RFE) or interview notice: Provide the following in response to the RFE or at your interview:
- A letter explaining the change requested; and
- Supporting documentation of the change (if required)
- If you have an online account: Upload
- A letter explaining the change requested; and
- Supporting documentation of the change (if required)
- If you do not have an online account: Email USCIS-updategenderinfo@uscis.dhs.gov and request to change your name or gender marker or both.
It’s worth noting that the above procedures are not for students who received “errors.” To learn how to fix EAD-related errors, go to the posts below or the OPT forum.
Related blog post: All about EAD card; EAD address change, late delivery
Answers for case study scenario 2-2: Students who already received an EAD for OPT/STEM OPT
Students who already received the EAD but would like to have an updated EAD with their self-identified gender can re-submit Form I-765. Here are the required documents:
- A new Form I-765;
- Applicable fees
- The EAD contains incorrect information; It is good practice to make a copy of the EAD before sending it out so you can continue to work through OPT/STEM OPT and submit a copy of the document when needed (like when you apply for STEM OPT or H1B)
- A letter explaining the change requested; and
- Supporting documentation of the change (if you have updated supporting documents)
Related blog post: How to file Form I-765 online for OPT, STEM OPT
Other things to consider
If you are planning to travel outside the U.S. you may want to update the gender on your Form I-94 Arrival/Departure Record as well as Travel Document.
For the Arrival/Departure Record issued by Customs and Border Protection (CBP), USCIS advises to “go to the nearest CBP port of entry or deferred inspection office to correct the document.
Students who were admitted at an air or sea port of entry can receive an electronic Form I-94. To confirm the information update, click here to learn how to download/print your I-94 record.
International students can also go to CBP’s Form I-94 page to get a paper version of your Form I-94, including a replacement Form I-94.
For students who are issued the arrival/departure record by USCIS, check out the Updating or Correcting Your Documents to update your document accordingly.
Today, we had a look at the recent policy/document update on the OPT/STEM OPT application for applicants who might identify their genders differently compare to the passport/visa.
To learn the most recent updates and information on OPT, go to OPT page. For STEM OPT information, check out the STEM OPT page.
