Ustun Law Group, PLLC

Update on Your Pending I-765 for OPT: USCIS Extends Flexibilities to Certain Applicants

by | Mar 3, 2021 | Blog

Things you Should Know About

Your Pending I-765 for OPT:

USCIS Extends Flexibilities to Certain Applicants

Working in The United States

  • There are limited work opportunities available in the United States for F-1 students
  • Hence, F-1 students must prove they have the financial ability (e.g., present bank statements) to pay for tuition and living expenses while studying
  • If you decide that you want to work, the first step is always to talk with your designated school official (DSO)

Note:

  • If your DSO knows you are working without permission, they must report it through SEVIS, meaning your SEVIS record will be terminated
  • In that case, you will have to leave the United States immediately, and you may not be allowed to return

Depending on your status and program of study, you may be eligible for:

  1. On-Campus Employment

    • If your status is Active in SEVIS as F-1 students, you can apply for on-campus employment
    • On-campus employment is specific to work that takes place on campus or at an off-campus location that is educationally affiliated with the school
    • Examples of on-campus employment include working at a university bookstore or cafeteria
    • Active F-1 students may apply for on-campus employment up to 30 days before the start of classes
    • In order to apply, talk to your DSO. If approved, your DSO will provide you with a letter of approval
    • Use your letter from your DSO and a letter of approval from your employer to apply for a Social Security Number (SSN)
    • All students who wish to work must apply for a Social Security Number
    • If you participate in on-campus employment, you may not work more than 20 hours per week when school is in session

For additional questions, please visit the F-1 Student On-Campus page on ICE.gov.

  1. Off-Campus Employment

Please note

  • You cannot begin to work while Form I-765 is pending with USCIS. If you are approved, you may work 20 hours per week when school is in session
  • This was for normal times but in order to accommodate the present situation (pandemic)
  • USCIS announced flexibilities for certain foreign students affected by delayed receipt notices for Form I-765, Application for Employment Authorization, on February 26, 2021.

Present Situation

  • USCIS has experienced delays at certain lockboxes in issuing receipt notices for Form I-765 for optional practical training (OPT) for F-1 students
  • These delays are a result of COVID-19 restrictions, a dramatic increase in filings of certain benefit requests, postal service volume and delays, and other external factors
  • Hence, USCIS is extending the following flexibilities to assist certain applicants for OPT impacted by the delays

  1. 14-month OPT Period Flexibilities

  • 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
  • So, USCIS wants to allow F-1 students to complete the full period of the 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 to make up that delayed time
  • Beginning February 26, USCIS will approve applications for post-completion OPT with validity dates reflecting the same amount of time originally recommended by the designated school official (DSO) from their school on the Form I-20, (Certificate of Eligibility for Nonimmigrant Student Status).

How to Correct the Date for OPT with Less than Full Amount of OPT?

  • F-1 students requesting post-completion OPT who receive approval of Form I-765 for less than the full amount of OPT time requested (not to exceed 12 months) due to the requirement that the OPT be completed within 14 months of the program end date may request a correction of the EAD due to USCIS error
  • USCIS will issue a corrected EAD with a new end date, as requested, to cover the full amount of OPT time recommended in the original application

  1. Refiling Rejections

  • Applicants for OPT must file the Form I-765 during certain timeframes
  • However, USCIS recognizes that due to the lockbox delays, some applicants who timely filed Form I-765 for OPT and whose applications were later rejected are unable to timely refile within the required application timeframes

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.

Note:

Applicants refiling a Form I-765 for OPT or STEM OPT do not need to obtain a new Form I-20 with an updated OPT recommendation from the DSO, as long as they originally submitted an application for post-completion OPT within 30 days of the DSO’s recommendation or an application for STEM OPT within 60 days of the DSO’s recommendation as required by the regulations.

Applicants refiling an application should include a copy of the rejection notice to facilitate a review of the case.

What About Missing or Deficient Signatures?

  • 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
  • We encourage applicants filing Form I-765to review the form instructions on our website to ensure their application is complete before filing it

There have been some changes to the Direct Filling Address for Form I-765, Application for Employment Authorization

For F-1 Optional Practical Training (OPT)

Filling Location:

USCIS Chicago Lockbox

U.S. Postal Service (USPS):

USCIS

PO Box 805373

Chicago, IL 60680

FedEx, UPS, and DHL deliveries:

USCIS

Attn: I-765 C03

131 South Dearborn – 3rd Floor

Chicago, IL 60603-5517

Note: Do not write (c)(3)(i) as your category on your application. Use one of the following categories instead:

  • (c)(3)(A), Pre-completion OPT
  • (c)(3)(B), Post-completion OPT
  • (c)(3)(C), a 24-month extension for an F-1 student who has received a degree in science, technology, engineering, or mathematics (STEM) that appears on the STEM-designated Degree Program List published on the SEVP website

F-1 Offered Off-Campus Employment Under the Sponsorship of a Qualifying International Organization

USCIS Chicago Lockbox

U.S. Postal Service (USPS):

USCIS

PO Box 805373

Chicago, IL 60680

FedEx, UPS, and DHL deliveries:

USCIS

Attn: I-765 C03

131 South Dearborn – 3rd Floor

Chicago, IL 60603-5517

F-1 Seeking Off-Campus Employment Due to Severe Economic Hardship

USCIS Chicago Lockbox

U.S. Postal Service (USPS):

USCIS

PO Box 805373

Chicago, IL 60680

FedEx, UPS, and DHL deliveries:

USCIS

Attn: I-765 C03

131 South Dearborn – 3rd Floor

Chicago, IL 60603-5517

Spouse/Dependent of a J-1 exchange visitor (J-2 nonimmigrant status)

USCIS Phoenix or Dallas Lockbox, based on where you live (Click on USCIS Phoenix and Dallas Lockbox facilities chart for the address)

M-1 Student Seeking Practical Training After Completing Studies

USCIS Phoenix or Dallas Lockbox, based on where you live (Go to the USCIS Phoenix and Dallas Lockbox facilities chart for the address)

This blog is for your information purpose only, please reach out to your DSO if you have specific questions about OPT timelines and requirements.

However, if you have a question about cap-gap extension or even employment options post STEM OPT you can schedule a consultation with us:

Schedule a call at 469-994-9407  or contact us using the form.