Flexibilities Due to Delayed Receipt Notices for I-765/EAD Applications for OPT
On Feb. 26, the U.S. Citizenship and Immigration Services (USCIS) that they will apply certain flexibilities for Optional Practical Training (OPT) applications (Forms I-765) received on or after Oct. 1, 2020, through May 1, 2021.
Due to the delays in issuing receipt notices for these applications, the following flexibilities will apply:
Correction of EADS in Limited Circumstances
USCIS will issue the OPT Employment Authorization Document (EAD – work permit) for the amount of time on the OPT recommendation on the Form I-20. If the amount of time on the EAD is less than 12 months and adding additional time up to 12 months will still be in the 14 months of the date of approval of the EAD, students who were issued an EAD for OPT can may . USCIS will then issue a corrected EAD with a new end date to cover the full amount of OPT time which was originally recommended on the Form I-20 submitted with the initial application. If you find yourself in this situation, please reach out to ISSS for detailed instructions.
Refiling of Rejected OPT EAD Applications
In addition, if USCIS rejected an EAD application for OPT that was filed on or after Oct. 1, 2020, through May 1, 2021, the student may refile the application before May 31, 2021, and the USCIS will treat the application as if it was filed on the date that they originally received it. Students do not need to obtain a new Form I-20 with an updated OPT recommendation if they filed their original application in a timely manner. If you find yourself in this situation, please reach out to ISSS for detailed instructions.
Missing or Unacceptable Signatures on OPT EAD Applications
If the USCIS receives a Form I-765 EAD Application for OPT or STEM OPT and the signature on the form is missing or unacceptable, they will issue a Request for Evidence rather than deny the application. However, individuals applying for an EAD for OPT or STEM OPT should always check that they have signed for the application before sending it to USCIS. Please remember that USCIS will not accept electronic signatures.
Questions
Please reach out to International Student & Scholar Services at isss@colorado.edu or drop in for a remote advising session if you have any questions and/or need advice.