![]() The second USCIS flexibility rule for OPT applicants are to those who filed a timely I-765 application for their OPT or STEM OPT on or after through May 1st 2021 and received a rejection on their application but are unable to timely refile their application. USCIS Flexibility Rule for Refiling a Rejected OPT Application ![]() This is the case for F1 students with timely filed OPT EAD application that are approved later than the requested start date on their OPT EAD cards. The first accommodation is for F1 students who receive an approval of their OPT for less than the full amount of OPT time requested due to the delay. USCIS Flexibility Rule for OPT EADs with Shortened Duration of Work ![]() This delay has caused serious immigration related issues for F1 international students applying for OPT and those transitioning from the post-completion OPT to the STEM OPT.Īs a result of a lawsuit filed by organizations representing the interest of F1 international students, USCIS has had to propose accommodations to resolve the issues caused by the delays. However, due to the delays what has happened to many F1 students is that the processing time of their OPT application is taking longer than the typical 3 - 4 months timeline. Nevertheless by applying early and ensuring that a complete OPT application packet is submitted, an F1 student could ensure that the OPT EAD card is received before the chosen OPT start date begins. When this happens the total processing time of the OPT application could be delayed significantly. It is not always a guarantee that an F1 student's OPT EAD application will be processed within 3 - 4 months.įor example, an F1 student might file an incomplete OPT application causing USCIS to issue a Request for Evidence (RFE). Before the USCIS delay, the typical processing time for OPT applications was 3 - 4 months.Īs a result of this standard USCIS OPT processing time, F1 students are usually advised to apply for their post -completion OPT EAD (Employment Authorization Document) cards early in the OPT application window.
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