International students can take advantage of the Optional Practical Training (OPT) program to work off-campus and gain practical experiences in the United States. Most students prefer applying for the post-completion OPT meaning that they finish the program and apply for OPT (For more information regarding the pre-completion OPT, click the related blog post 1 below).
But, what if the student applied for post-completion OPT but fail to graduate on time?
Related blog post 1: Pre OPT: The only way to work off-campus before graduation
Related blog post 2: Educate yourself with OPT visa news and don’t lose $120,000
The answer to this question may vary depending on various factors like why the student couldn’t finish the program on time, and/or whether the program end date in the student’s I-20 has been passed or not, etc.
In this blog post, I will share what to do when international students apply/plan to apply for OPT, but fail to graduate on time. My hope is that those international students who read this blog post could be fully aware of the program extension rules, plan ahead to finish the degree on time, and how important it is to communicate with their advisors (DSO) regarding their plans about graduation and OPT application.
Disclaimer: SEVIS SAVVY delivers information based on the visa/immigration regulations and this is no legal advice by any means. Since institutional policies may vary, getting confirmation from your international student advisor will be helpful to ensure that you comply with institutional policies and processes.
Contents
Case study scenario
Q: I would like to take advantage of OPT program upon graduation and I was issued OPT-recommended I-20. I haven’t shipped the OPT application out to the USCIS.
The problem is that I got ‘incomplete’ for one of the core courses that I need to meet the graduation requirement and the graduation date (program end date on I-20) has been passed. What should I do? Can I still apply for the OPT? How long can I stay in the United States?
The answer based on the regulation
It is important for international students to look at immigration regulation 8 CFR 214.2(f)(7)(i) to understand what are the options for them who couldn’t finish the degree/program on time:
…An F-1 student who is currently maintaining status and making normal progress toward completing his or her educational objective, but who is unable to complete his or her course of study by the program end date on the Form I-20, must apply prior to the program end date for a program extension pursuant to paragraph (f)(7)(iii) of this section.
8 CFR 214.2(f)(7)(i)
The regulation says if the student was unable to complete the degree/program by the program end date on Form I-20 AND if they meet the program extension requirements (“paragraph (f)(7)(iii) of this section”), they must apply for the program extension before the program end date.
Eligibility for the program extension
So… what is the eligibility for the program extension? It can be found in the regulation 8 CFR 214.2(f)(7)(iii):
(iii) Program extension for students in lawful status. An F-1 student who is unable to meet the program completion date on the Form I-20 may be granted an extension by the DSO if the DSO certifies that the student has continually maintained status and that the delays are caused by compelling academic or medical reasons, such as changes of major or research topics, unexpected research problems, or documented illnesses. Delays caused by academic probation or suspension are not acceptable reasons for program extensions.
8 CFR 214.2(f)(7)(iii)
It listed possible reasons for the program extension and in my eyes, it sounds like it says “international students should do their best to graduate on time. If there are scenarios that are out of their control-compelling academic or medical reasons- we can make an exception and they can apply for the program extension. However, if the student cannot graduate on time due to academic issues-academic probation or suspension- they will not be covered by the regulation.”
When you couldn’t graduate on time for compelling academic or medical reasons
Therefore, if you have valid reasons to extend the program end date on your I-20, reach out to the International Student Advisor (Designate School Officials; DSOs) and inquire about the program extension process. Students might have to submit related documents to prove that they meet the requirements outlined in the aforementioned regulation.
Now, let’s circle back to the OPT application. What can happen to your OPT application may vary depending on the status of your OPT application:
- If you haven’t submitted the OPT application yet, AND if you completed the insitutional program extension process before the original program end date, your program end date may be extended and you can apply for post completion OPT when you are finally done with the degree/program.
- If you haven’t submitted the OPT application yet but if your DSO has submitted the OPT request in SEVIS, your DSOs may be able to cancel the OPT request and extend your program end date given that you have satisfied all the requirements.
- If you have applied for the OPT, in other words, if the OPT application was submitted/shipped to USCIS AND before your OPT is approved, you can withdraw the OPT. In this case, you cannot get the application fee back and re-apply for OPT when you meet all the graduation requirements (You will need to pay the fee again). To learn more about the withdrawal process, click the related blog post below.
- If the OPT application is already approved, you can work part-time while you are completing the program, and full-time upon graduation.
Related blog post: How to cancel OPT request & OPT application withdrawal process
When you couldn’t graduate on time for other reasons
As I mentioned above, if the (international) student fails to graduate for other reasons that don’t seem compelling, they are considered “out of status” per immigration regulation 8 CFR 214.2(f)(7)(iii). It sounds not fun, rather scary. What should you do when you are out of status?
Related blog post: International students, be aware not to go “out of status”
A DSO may not grant an extension if the student did not apply for an extension until after the program end date noted on the Form I-20. An F-1 student who is unable to complete the educational program within the time listed on Form I-20 and who is ineligible for program extension pursuant to this paragraph (f)(7) is considered out of status. If eligible, the student may apply for reinstatement under the provisions of paragraph (f)(16) of this section.
8 CFR 214.2(f)(7)(iii)
Since each college and university may have different rules regarding out-of-status students, you should reach out to your advisor (International Student Advisor, Designated School Officials) as soon as possible. You may want to explain where they are in terms of OPT application and degree completion and ask what are the options for them to complete the degree and OPT application.
If the student hasn’t submitted the OPT application yet, like this case study scenario, regulation-wise, the student may want to complete the program within the 60 day grace period and apply for OPT within the same time period. To learn more about the grace period for F-1 student visa holders and OPT application time window, click the following post:
Related blog post 1: My F-1 visa grace period ends soon, what are my options?
Related blog post 2: Best OPT start date: Remember the 90, 60, 30 rule
To sum, I can’t emphasize enough how important it is for international graduating students to ensure that they can graduate on time and/or reach out to DSOs before the program end date on their I-20s and consult possible options if they need more time to finish the program.
I hope SEVIS SAVVY readers don’t make mistakes that add more burdens while planning post-graduation lives! To learn more about important OPT rules, click here. If you are interested in applying for the STEM OPT program, click here.
