Pursuant to a courtorder, USCIS has extended flexibilities for certain foreign studentsaffected by delayed receipt notices issued for Form I-765, Application forEmployment Authorization. These flexibilities apply only to those applicationsfiled on or after Oct. 1, 2020, through Oct. 31, 2021, inclusive.

As acknowledged by USCIS, filersof I-765 EAD applications for OPT and STEM OPT extensions have experiencedsignificant delays in the issuance of receipt notices. In an attempt to assistcertain applicants impacted by the delays, USCIS first enacted flexibilitiesfor certain applicants filing form I-765 for OPT on February 26, 2021, whichapplied to cases received through May 1, 2021. However, those flexibilities wereextended by court order on July 23, 2021, and now apply to cases received throughOctober 31, 2021.

Until October 31, 2021, USCISwill allow for the following flexibilities:

GuaranteedProcessing of Form I-765 OPT/STEM OPT applications in 120 days

  • USCIS will process all applications for OPT andSTEM OPT within 120 days of receipt. Processing means that the application willbe approved, denied or an RFE will be issued within 120 days.

Grant of post-completionOPT EAD validity period

  • USCIS will grant a full 12 months ofpost-completion OPT irrespective of the requirement that OPT be completedwithin 14 months of graduation.
  • USCIS will grant OPT for the full period originallyrecommended by the DSO on Form I-20, irrespective of the time of adjudication.

 Retroactivecorrection of OPT EADs already issued

  • Upon eligible applicants’ request, USCIS will issuea CORRECTED EAD for any post-completion OPT EAD applicationreceived between Oct. 1, 2020, through Oct. 31, 2021, inclusive, that wasissued with a validity period that was less than the DSO’s recommended validityperiod.

Acceptanceof previously-rejected OPT/STEM OPT applications

  • USCIS will accept re-filed I-765 applications forOPT/STEM OPT that were originally filed on time between October 1, 2020 and October31, 2021 and later rejected.
  • Resubmitted applications must be received prior toNovember 30, 2021.
  • Resubmitted applications will be processed as if receivedon the original date (i.e. the full period of OPT will be granted, but theoriginal I-20 will be accepted without the requirement of a new I-20).

o  If the case was rejected for missing or deficientsignature(s), a request for Evidence will be issued instead of a denial.

Acceptanceof Form I-765 post-completion OPT applications 120 days before completion ofprogram

  • From July 23, 2021 until October 31, 2021, USCISwill accept I-765 post-completion OPT applications submitted up to 120 days (insteadof 90) before completion of the respective program.