Update 7/23/2021: “For applicants who timely filed Form I-765 for OPT and STEM OPT and whose applications were later rejected, USCIS will accept a refiled Form I-765 as filed on the original filing date if:
-The original, timely filed application was received on or after Oct. 1, 2020, through Oct. 31, 2021, inclusive; and
-USCIS subsequently rejected it.
Refiled applications must be received by Nov. 30, 2021, for USCIS to treat the application as though filed on the original received date.
Additionally, for applications received through October 31, 2021, applicants can file Form I-765 up to 120 days before the program end date.”
Summary: USCIS announced flexible OPT policy updates for OPT applicants who timely filed the OPT application between October 1, 2020, through May 1, 2021, inclusive and affected by I-797 receipt notice and EAD card issuance delays.
When USCIS receives OPT applications, they issue the I-797 receipt notice that indicates if it is approved or denied, along with the reference number. Once the student receives the I-797 receipt notice, he or she can check the EAD card status online. However, due to the pandemic, increase in filings of certain benefits, and other factors, some USCIS lockboxes are experiencing significant delays in processing OPT applications. This caused some problems such as less OPT program time, unable to refile the application, etc.
Related blog post: All about EAD card; EAD address change, late delivery
To better assist F-1 students who are affected by delayed I-797 receipt notices, USCIS announced flexible OPT updates on February 26, 2021. Certain applicants who timely filed the OPT application during October 1, 2020, and May 1, 2021, can take advantage of OPT period extension to meet 12 months, refiling following rejection and submit the evidence for missing/deficient signatures on the form.
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14-month OPT Period Flexibilities
This post, Best OPT start date: Remember the 90, 60, 30 rule explains that OPT applicants should choose the OPT start date, which is within 60 days after graduation. This is because the length of OPT program is 12 months and there’s a rule that OPT should be completed within 14 months from the graduation date. However, due to the USCIS delays in OPT processing, some OPT-approved students could have been approved to engage in OPT employment for less than 12 months.
For example, there’s a student who graduated on December 15, 2020. According to the current OPT rule, the latest OPT start date that the student can choose is February 13, 2021 (graduation date + 60 days) and the OPT end date should be before February 15, 2022 (graduation date + 14 months; the student will have 12 months to work from the OPT start date). However, if the student’s OPT application is approved on or after February 16, so let’s say on March 15, the student has around 11 months, not a full year, to engage in OPT employment.
To resolve this problem, USCIS announced that “USCIS will allow the 14-month period to commence from the date of approval of the Form I-765 for applications for post-completion OPT.” Also, USCIS noted that they will approve the same amount of OPT time requested (which is a year) as DSO recommends on Form I-20.
If you are subject to these flexible OPT updates but received the EAD card that shows OPT time period that is less than a year, go to the Employment Authorization Document page and click Replace an EAD and follow the instructions of If your EAD contains incorrect information because of a USCIS error to request for a new EAD card.
F-1 students may participate in up to 12 months of post-completion OPT, which must be completed within 14 months from the end of their program. Due to the delays at the lockbox, some applicants may only be eligible for a shortened period of OPT within that 14-month period. To allow F-1 students to complete the full period of requested OPT (up to 12 months), USCIS will allow the 14-month period to commence from the date of approval of the Form I-765 for applications for post-completion OPT.
USCIS EXTENDS FLEXIBILITIES TO CERTAIN APPLICANTS FILING FORM I-765 FOR OPT
Refiling Following Rejection
To file the OPT application timely, students should file the application to USCIS within 60 days from graduation date and within 30 days from DSO’s OPT recommendation date (the date that you received the updated I-20 with OPT request). When it comes to STEM OPT applicants, students should file the application before the initial OPT end date and within 60 days from DSO’s STEM OPT recommendation date.
OPT and STEM OPT students whose applications are denied can refile the application as long as they meet the aforementioned OPT application period. However, again, due to delays, some students couldn’t refile the OPT packet within the required application timeframes.
The updated OPT policy allows students to refile the I-765 as long as they meet the following requirements:
USCIS will accept a refiled Form I-765 for OPT and STEM OPT as filed on the original filing date if:
-The original, timely filed application was received on or after Oct. 1, 2020, through May 1, 2021, inclusive; and
-USCIS subsequently rejected it.
Refiled applications must be received by May 31, 2021, for USCIS to treat the application as though filed on the original received date.
USCIS EXTENDS FLEXIBILITIES TO CERTAIN APPLICANTS FILING FORM I-765 FOR OPT
OPT or STEM OPT students don’t have to get the new I-20 to refile the application.
Missing or Deficient Signatures
In general, applications without signatures or deficient signatures were subject to be rejected. Moving forward, USCIS will issue a Request for Evidence to students rather than denying the application. This will allow students who receive a Request for Evidence to correct the issue and get another opportunity for their application to be reviewed.
Applications with missing or deficient signatures are generally rejected at the lockbox. This policy remains unchanged. However, if the lockbox accepts a Form I-765 application for OPT or STEM OPT with a missing or deficient signature, USCIS will issue a Request for Evidence rather than deny the application, to give the applicant the opportunity to respond and provide the necessary signature or correct the deficiency.
USCIS EXTENDS FLEXIBILITIES TO CERTAIN APPLICANTS FILING FORM I-765 FOR OPT
Related blog post 1: 7 Require documents for OPT Application
Related blog post 2: OPT Update 2021: I-797 receipt delay, I-765 mailing address change
This update is indeed great news for students who were worrying about their delayed OPT. Hope this helps students, who meet the eligibility for these flexible OPT policies, to fully take advantage of OPT and STEM OPT.
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