USCIS Provides Flexibility on OPT Applications

On February 26, USCIS recognized delays in OPT processing, including receipt notice issuance, due "COVID-19 restrictions, a dramatic increase in filings of certain benefit requests, postal service volume and delays, and other external factors." In response to those delays, USCIS announced that OPT applications received between October 1, 2020, and May 1, 2021, inclusive, will be allowed the following:

  • Students will receive full 12 months post-completion OPT if approved outside of normal 14 month time frame. Normally, students must complete OPT within 14 months of their program completion. Due to delays, this would not be possible for some applicants, and OPT would be shortened. USCIS will allow applications received within the time frame above be given the full 12 months OPT, with the 14-month window to start from the date of approval. Students who have already received a shortened OPT before the above allowance may file a request for correction to their EAD to get their full OPT time.
  • Students may refile rejected applications outside or normal filing time frame. Students who received rejection notices for post-completion OPT and STEM OPT may refile if they did not receive the notice in time to refile within the filing time frame. Students do not need to get a new I-20 from their school to refile as long as their original application was received within 30 days of the post-completion recommendation or within 60 days of the STEM OPT recommendation on the I-20.
  • Accepted applications with missing signatures will get an RFE. 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.

Read full announcement.

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