USCIS Announces Temporary Flexibility Around OPT Filing

On February 26, 2021, the US Citizenship and Immigration Services (USCIS) issued a news alert announcing temporary flexibilities and arrangements regarding the OPT and STEM OPT filing process. These temporary arrangements are being made in response to the extended delays many F-1 students have experienced in late 2020 and early 2021 in the OPT filing process, including extensive waiting periods before I-765 application forms are processed and receipted.

Who is affected by these accommodations? 

USCIS has announced that these temporary accommodations will affect only those F-1 students who have submitted or will submit an I-765 application for OPT or STEM OPT between October 1, 2020 and May 1, 2021 (inclusive).

What accommodations are being made?

USCIS has indicated that students who apply for post-completion OPT between October 1, 2020 and May 1, 2021 should receive EAD cards reflecting the full amount of practical training time recommended by their schools, as long as their applications are otherwise approvable. Until now, processing delays meant students could be approved for less than the full one year of post-completion OPT that they were normally entitled to receive. For this temporary accommodation period, USCIS will grant the full amount of OPT recommended by their schools, as long as they are otherwise eligible for it. EAD start dates may be the start date recommended by the school or the date of approval of the I-765, depending on when the application is actually processed.

Students who already applied for OPT on or after October 1, 2020 and who received less than the full amount of originally recommended OPT can request corrected EAD cards from USCIS, following USCIS's EAD replacement procedures. However, if this applies to you, the International Center recommends that you first contact your International Center advisor. Because this is a new accommodation, we are awaiting further details about the exact process for requesting corrections under this arrangement.

My OPT application was rejected due to a missing signature or incorrect / outdated fee. What can I do?

Because of the recent delays in processing applications and issuing receipts and rejection notices, USCIS acknowledges that some students were not given enough time to prepare a new or corrected application if their original application was initially rejected. USCIS has announced that it will temporarily accept refiled applications through May 31, 2021 and will treat the application as if it was filed on the date it received the original application. A new I-20 is not needed as long as the original application was filed with USCIS within 30 days of the original OPT recommendation or 60 days of the original STEM application. Students who received a rejection notice for an OPT or STEM OPT application filed between October 1, 2020 and May 1, 2021 should first consult with the International Center before refiling with USCIS. Because this is a new accommodation, we are awaiting further details about the exact process for refiling I-765 applications under this arrangement.

What has not changed?

F-1 students who are preparing OPT or STEM OPT applications should still follow all normal application guidelines, since these accommodations are only temporary and are only intended to assist students affected by USCIS processing delays. Students should still follow any application filing timelines and deadlines, and make sure that their OPT or STEM OPT applications are complete. This includes checking to see that their I-765 applications have original signatures and are accompanied by correctly formatted passport photos and correct application filing fees, along with other required documentation. Students are still encouraged to file for OPT or STEM OPT early rather than later, as processing timelines can still be quite lengthy.

Who do I contact for more information?

Because this is an evolving situation, please contact the International Center if you are or will be in the OPT or STEM OPT application process.