Outline
Why Was My OPT Application Denied?
April 16, 2024
OPT (Optional Practical Training) is employment training directly related to an F-1 student’s major area of study. Eligible students can apply for up to 12 months of employment authorization in below formats:
- Pre-completion OPT: conducted before the completion of academic studies
- Post-completion OPT: pursued after academic studies are finished
However, any period of Pre-completion OPT will be deducted from the total available duration of Post-completion OPT.
OPT serves as a work permit granted by the U.S. government to international students, allowing them to stay in the United States after graduation. Initially, it grants a one-year work authorization, with STEM majors having the opportunity to extend it for up to 3 years through the STEM OPT extension program.
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What should I do if My OPT Application Denied?
OPT Denial indicates the forfeiture of legitimate work authorization for students in the United States. If they do not exit the US within the allotted timeframe, they will transition into unlawful residency, invalidating years of rigorous study and dedication.
Despite many recent graduates securing OPT Employment Authorization Document (EAD) cards, we frequently receive requests for assistance from students facing rejection of their OPT applications.
Understandably, students confronting OPT denial express apprehensions and may seek clarification on various issues.
- “What should I do if I’m rejected?”
- “Is there any possibility of appeal?”
- “What other ways can I stay and work in the United States?”
Hopefully some of your questions can be answered after going through this page.
Typical Cases and Reasons for OPT Rejection
Submitting an OPT application after the deadline leads to rejection.
USCIS enforces the “30-day rule” for OPT applications, requiring applicants to submit their OPT applications within 30 days of the OPT start date recommended by the DSO. If this deadline is not met, USCIS will reject the application. Many students mistakenly fail to submit their application on time and consequently face rejection.
Incomplete I-765 materials lead to OPT rejection.
OPT applications are frequently rejected due to incomplete or inaccurate application materials, often because students are unaware of the specific application requirements. Common errors include using the wrong check format, omitting information on the I-765 form, neglecting to sign, providing inaccurate details, and selecting the incorrect OPT code.
Errors in school or I-20 documentation may lead to rejection of the OPT application
Before applying for OPT, students need to acquire an OPT recommendation I-20 from the DSO overseeing international student affairs and ensure their I-20 status is updated in the system. During busy OPT filing periods, there’s a chance that the DSO might issue an incorrect I-20 or overlook updating the I-20 status, potentially resulting in the submission of an inaccurate OPT I-20 to USCIS, leading to rejection. Students should meticulously review their documents to prevent errors.
Engaging in full-time CPT for a duration of 12 months may result in rejection of the OPT application.
Using full-time CPT for one year renders students ineligible for OPT at this degree level. To avoid rejection of their OPT application after graduation, students should ensure their CPT usage does not exceed 11 months or opt for part-time CPT.
Submitting an application with an unsuitable degree leads to rejection of OPT
International students are limited to one OPT application per degree earned, prohibiting them from applying multiple times for the same educational level. For example, if they have already utilized OPT for their master’s degree, subsequent degrees at the same level will not be eligible for OPT application.
F1 status or SEVIS termination can cause OPT rejection
For students who change their SEVIS number, the new SEVIS will reset the calculation of their time under F1 student status in the United States. USCIS requires students who have less than one academic year (or two semesters) of student status to be ineligible for OPT. Changing SEVIS numbers or their I-20 or school within one year of graduation increases the likelihood of OPT rejection. In such cases, students should defer their graduation or prepare to not have OPT.
*If a student’s OPT application is denied, they will receive an OPT Denial Notice from USCIS within 2 weeks, explaining the reason for the denial. OPT denials often lead to lapses in I-20 and F1 status, which can affect F1’s legal status in the United States. Regardless of the reason for the rejection, students must take immediate action to minimize the impact on their legal status in the US.
Comparing OPT Rejection with OPT Denial
OPT Rejections
An OPT rejection happens when the USCIS Lockbox Facility returns your complete OPT application package without forwarding it to a Service Center for processing.
Potential causes include:
- The payment for your OPT application failed, resulting in an incomplete transaction.
- Your Form I-765 was left unsigned, rendering the application incomplete.
- Several essential documents are absent from your OPT application package, rendering it incomplete and liable to be rejected.
- You neglected to provide a reason for your application, the initial inquiry on the I-765 form, rendering the application incomplete.
- Your I-765 application utilized an obsolete version of the form, which is not permissible for submission. It is recommended to download the latest version of the I-765 form directly from the USCIS website for each application to prevent such problems.
Note: Kindly be aware that USCIS does not handle your payment in the case of a rejection.
OPT Denial
An OPT denial happens when your OPT application package is forwarded to a Service Center for adjudication, and the adjudicator determines that you do not meet the qualifications for OPT.
Potential reasons why:
- The OPT application packet was submitted to USCIS past the 30-day deadline, determined by the date ISSS issued your I-20, rendering it invalid and liable to rejection.
- OPT authorization has already been granted at the same degree level, as the U.S. government only permits one OPT authorization per degree level. Consequently, the application will not undergo processing and is liable to rejection.
- It is evident that you have not fulfilled your eligibility requirements, which include completing one academic year of full-time studies in the United States. Therefore, the application cannot proceed and will be rejected.
- OPT was applied for after the 60-day grace period had lapsed, which falls outside the permissible timeframe, rendering the application ineligible and liable to rejection.
Note: In the event of an OPT application denial, USCIS will proceed with processing the payment, even if the application is rejected.
What to do if your OPT is rejected
If your OPT application has been rejected, you will be disappointed. You may want to explore the options available to you to stay in the United States legally. Here are some other options you may consider:
- 1: Re-submit your OPT application
If your I-20 is still valid and your OPT application was rejected due to errors in the submitted documents, you have the opportunity to reapply for OPT. It’s crucial to submit your new application within 30 days of receiving the denial notice, ensuring that all materials are complete and meet the required criteria. Contact your International Student Office promptly upon receiving the denial letter to obtain a new I-20.
- 2: Submit a motion to USCIS
file a separate Form I-290B for each motion; If you believe that the OPT denial decision was incorrect, you can file a Motion with USCIS. However, this option is only available if USCIS determines that the decision was mistaken. To file a motion, you must provide new facts or material evidence to USCIS. You must submit Form I-290B within 30 days of the denial, along with the required application form, application fee, and supporting documents.
- 3: Apply to Other Schools to Transfer your Sevis Record
Many students opt to apply to different schools to maintain their F1 student status if they cannot meet the requirements for a new OPT application or a motion.
Some universities offer full-time Curricular Practical Training (CPT) opportunities, allowing students to work while keeping their F1 visa status. Students must maintain a GPA of 3.0 or higher and adhere to all school regulations. They also need to ensure that the CPT program and the school are legitimate and comply with immigration laws.
Applying to other schools is a practical way to restore student status and legal work authorization.
- Solution 4: Change to different Status or Visa Type
- Spouse Visa: Married students have the option to transition to F2 status, allowing them to lawfully reside in the United States for a specified duration. If the spouse holds H1B status and has initiated a green card application, students can change to H4 status and legally work in the United States.
- Outstanding Talent Visa: Students meeting the criteria for exceptional abilities have the opportunity to pursue EB1 or O-1 visas. These visa categories cater to individuals with exceptional skills, such as Ph.D. holders or those who have made notable contributions in fields like art or sports.
- Multinational Company Expatriate Visa: IIf the employing company operates branches in other countries, students can apply for an expatriate visa and return to the United States to work under L1-B status.
- Immigration: Students meeting the eligibility requirements have the option to apply for immigration, securing long-term legal status in the United States.
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