OPT Update 2021: I-797 receipt delay, I-765 mailing address change

There are many OPT updates that require international students’ attention. From I-797 receipt delay to I-765 mailing address change and new SEVP unit to oversee the OPT program, this post will summarize all the important updates for international students.

At the end of the blog, you will learn what to do if you haven’t received the I-797 receipt notice. Additionally, OPT applicants can check the new address to send their OPT application. Last but not least, OPT participants and applicants can be reminded of the importance of participating in valid OPT work opportunities.

Contents

• I-797 Receipt delay
• I-765 Mailing address change
• New SEVP unit to oversee the OPT program *This update has been now rescinded as of 1/26/21

I-797 Receipt delay

Before pandemic, students could hear back if their application is approved or not with a Notice of Action (Form I-797C) within a month or so. As a result of COVID-19 restrictions, USCIS notified that F-1 students “may experience a delay of four to six weeks in receiving your receipt notice after properly filing an application or petition with a USCIS lockbox.”

However, according to the CIS Ombudsman, now “USCIS is taking as long as 8 to 9 weeks to issue receipt notices for some applications and petitions.” Therefore, there are many international students who are worried about I-797 receipt delays as it could mean that they might not receive the EAD card on time.

Although the Ombudsman wanted to work with USCIS to secure receipt notices, they were told by USCIS that “it is unable to expedite their issuance.” Therefore, if you are experiencing an I-797 receipt delay, please follow the process in the next paragraph.

Related blog post: I haven’t received my EAD; OPT EAD processing time

What if I have not received a I-797 form within 60 days of filing?

• Contact USCIS by going to USCIS Contact Center
• If you haven’t heard back from USCIS within 30 days, you may submit a request for case assistance to the CIS Ombudsman (Click the first related blog post to learn more about contacting the CIS Ombudsman).
• The CIS Ombudsman is working with USCIS to find solutions to mitigate the harm to applicants impacted by the delays in issuing receipt notices.

Related blog post: All about EAD card; EAD address change, late delivery

I-765 Mailing address change

On Jan. 8, we adjusted the filing location for certain foreign students filing Form I-765, Application for Employment Authorization. Please review our Direct Filing Addresses for Form I-765 page to see where you should file your application.

I-765, Application for Employment Authorization

Before January 8, 2021, OPT applicants had to send their applications to Arizona or Texas lockboxes based on their sending location. Now all F-1 students who apply for Pre-completion OPT, Post-completion OPT and STEM OPT should send their applications to Chicago lockbox. As incorrect filing location could be the reason for delays in processing, please keep this in mind and check the Direct Filing Addresses for Form I-765 page before you file the application to make sure you are sending the application to the correct address.

New SEVP unit to oversee the OPT program

Update: SEVP is rescinding this broadcast message: “After conducting additional reviews of U.S. Immigration and Customs Enforcement’s optional practical training (OPT) compliance efforts, the program determined that it is already performing much of the work outlined in the Broadcast Message. As such, the creation of a new unit is not necessary at this time.” However, SEVP made it clear that “SEVP will continue to ensure transparency into OPT data and compliance via our existing communication channels at ICE.gov/SEVP and Study in the States.” Therefore, engaging in lawful employment through the OPT is important. To learn more about the valid OPT employments, please read the “What does this mean to international students” section below thoroughly.

SEVP is announcing the development of a new unit — the OPT Employment Compliance Unit — that will be dedicated full-time to compliance matters involving wage, hours, and compensation within OPT, the OPT extension, and Curricular Practical Training (CPT).

New SEVP Unit to Oversee Employment Compliance in the OPT Programs and Report on Impact on U.S. Workers

If you have read the 2021 Top 10 employers for OPT, STEM OPT students, you would know by now that there were companies that provided fake job offer letters to students who are in OPT in exchange for some money. Like this, unlawful work engagement has been one of the top concerns of the U.S. government regarding OPT programs as it can be linked to foreign nationals’ illegal stay. To make sure that OPT, STEM OPT, and CPT students are compliant with OPT regulations, a new unit named The OPT Employment Compliance Unit has been formed. Responsibilities of the new unit are outlined below:

• Name of the new unit: The OPT Employment Compliance Unit
• Responsibilities of the unit:
  • The new unit will be checking compliance matters involving wage, hours, and compensation within OPT, the OPT extension, and Curricular Practical Training (CPT).
  • This unit will also be responsible for recommending investigations of employers and students, as needed, to Homeland Security Investigations (HSI) to ensure that the OPT programs operate in a lawful manner at U.S. worksites.
  • The unit will identify any evidence of unlawful practices within the OPT programs and notify the appropriate authorities.
  • The OPT Employment Compliance Unit will also evaluate whether employers are adhering to the attestations and training plans required under the OPT extension, which will include on-site visitation, as per the regulation.

What does this mean to international students?

Overall, it is important for international students to engage in valid employment throughout their OPT periods. Although we shall see in July 2021 when the OPT employment compliance unit releases its first report, based on their responsibilities it can be assumed that:

• The unit will make sure that OPT students are not hired on behalf of American laborers at a lower wage.
• The unit will make sure that OPT students work at least 20 hours per week (During the pandemic, less than 20 hours of work is also considered as a valid OPT work engagement).
• The unit will investigate any unlawful participation of CPT, OPT, and STEM OPT programs.
• The unit can visit on-site to see if STEM OPT employers are providing training opportunities as it is written in the I-983 training plan.

If the new unit find any accusation from you, it is highly likely that your F-1 visa might be revoked. Therefore, it is recommended to be aware of eligible OPT work options and do not engage in fake employments. To learn more about available work types for OPT students, click the related blog post below.

Related blog post: 7 types of eligible F1 visa OPT works