The United States offers a variety of avenues for people to study in the United States. This includes F-1 Student Visas, M-1 Vocational School Visas, and J-1 Scholar/Cultural Exchange Visas. Each one has its own requirements, process, and limitations that you must be aware of.
Regulation: 8 CFR 214.2(f)
Regulations: 8 CFR 274a.12(c)(3) F-1 Non-Citizens must apply for work authorization, 8 CFR 214.2(f)(10) Practical training, and (11) OPT application and approval process
Filing Form I-765 within 30 days of an updated OPT-approved Form I-20, 90 days before or up to 60 days after graduation.
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Unfortunately, OPT can be denied, leading to severe consequences for the student. The primary reason we see OPT denials for students is misfiling the application. The OPT employment authorization document (EAD) is requested through USCIS Form I-765. This can be filed by paper or online. It requires an updated I-20 from the school’s Designated School Official (DSO) signed within 30 days of the I-765 submission. Due to various delays, the submission arrives at USCIS after the 30-day period, leading to an automatic denial. However, it may take USCIS months to inform you of this decision.
Unfortunately, OPT can be denied, leading to severe consequences for the student. The primary reason we see OPT denials for students is misfiling the application. The OPT employment authorization document (EAD) is requested through USCIS Form I-765. This can be filed by paper or online. It requires an updated I-20 from the school’s Designated School Official (DSO) signed within 30 days of the I-765 submission. Due to various delays, the submission arrives at USCIS after the 30-day period, leading to an automatic denial. However, it may take USCIS months to inform you of this decision.
Once denied, the Duration of Status (length of stay) for the F-1 student ends. If the 60-day (8 CFR 214.2(f)(5)(iv)) F-1 grace period is over, the student automatically becomes out of status and begins to accumulate Unlawful Presence Days and should begin to plan the US unless an exception can be found. The exceptions are rare. For example, our office once did a consultation for a student in this circumstance where we realized that the foreign student was actually a US Citizen all along!
OPT
STEM: ICE says can electronically sign Form I-983 (Notice)
