USCIS Extends Limited Flexibilities for OPT Applicants

The US Citizenship and Immigration Service (USCIS) announced today that as a part of a court order, it will be extending certain flexibilities to F-1 students who have applied for OPT but (1) whose applications were rejected due to USCIS or (2) whose applications were approved, but for only a limited rather than the full amount of requested OPT authorization. In addition, USCIS will temporary expand the filing window for post-completion OPT from 90 to 120 days prior to the program end date.

Options for Rejected OPT Applications / Partial OPT Approvals

The specific flexibilities that have been reintroduced include the following:

• For students who applied for OPT between October 1, 2020 and October 31, 2021, you may be eligible to re-file your application if your original I-765 application for OPT was filed on time, but later rejected by USCIS
  • Refiled applications must be received by November 30, 2021
• For students who applied for OPT between October 1, 2020 and October 31, 2021, you may be able to ask for a full twelve months of OPT if USCIS approved your OPT but did not grant the full amount of time that was originally recommended
  • Example: if you requested 12 months of OPT but USCIS approved only 9 months due to processing delays, you may submit a request to USCIS asking them to issue an updated EAD card granting you the full 12 months that you originally requested

For further information about whether you qualify for these flexibilities, please read the USCIS announcement, and contact the International Center if you have questions about your specific situation. In the announcement, USCIS outlines the specific procedures and timelines that should be followed for refiling rejected applications or asking for corrected EAD cards.

Temporary Change to OPT Application Timeline

In addition to these flexibilities, through October 31, 2021 USCIS will permit F-1 students to submit I-765 applications for post-completion OPT up to 120 days, rather than 90 days, prior to the I-20 program completion date. Applications must be received by October 31, 2021 to be eligible for this temporary accommodation.

Please note that this announcement does not remove other requirements for OPT, including the general eligibility requirement that students must have two semesters of full-time study in the US prior to establishing eligibility for OPT.