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OPT Flexibilities Extended

August 4, 2021

Over the past year and a half, USCIS has experienced many delays due to COVID-19 and other factors. Due to the impacts of these delays, there was a lawsuit challenging the delayed adjudication for OPT applications. On July 23, 2021, the courts issued a consent order that outlines the terms of agreement between the parties. As a result of this order, USCIS will be offering more flexibility for OPT filings.

Processing times

For applications for OPT and STEM extensions filed between October 1, 2020, through October 31, 2021, USCIS commits to processing within 120 days. Processing means that the application will be approved, denied or an RFE issued within 120 days.

Start Filing Fall 2021 Post-Completion OPT on August 17, 2021

Post-Completion OPT applications can be submitted up to 120 days (instead of 90) before completion of the program until October 31, 2021. This will only affect fall 2021 graduates, who may begin filing their Post-Completion OPT applications on August 17, 2021. This is also the date the ISSO will begin accepting Post-Completion OPT I-20 requests. See the ISSO webpage for details about the application process – isso.utdallas.edu/opt/.

Refile Rejected Applications

For original, timely filed applications received by USCIS between October 1, 2020 and October 1, 2021 that were subsequently rejected, student can refile the application. Refiled applications must be received by Nov. 30, 3021, for USCIS to treat the application as though filed on the original received date. This applies to both Post-Completion OPT and STEM OPT filings.

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.

Get your full year of OPT – 14 month flexibility

Typically, USCIS will not issue an EAD with an end date more than 14 months past the program end date on your OPT I-20. To allow F-1 students to complete the full period of 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. F-1 students requesting post-completion OPT who receive an 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.

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