U.S. Citizenship and Immigration Services (USCIS) has announced certain flexibilities for foreign students (F-1 nonimmigrants) affected by delayed receipt notices for Form I-765, Application for Employment Authorization for Optional Practical Training (OPT).
On graduation, a student is eligible for 12 months of OPT, which is confirmed in Form I-765. The student must use the 12-month OPT no later than 14 months after graduation (in other words, the OPT must begin within two months after graduation). Because of USCIS delays in approving I-765 filings, USCIS has changed the rule so that the 14-month period does not begin until the date of approval of the I-765 so the student will get the full benefit of the 12-month OPT.
If a Form I-765 is wrongfully rejected, the student can re-file based on USCIS error.
As Co-Chairs of the Corporate Immigration and Global Mobility Practice at Connell Foley, Neil Dornbaum and Kathleen Peregoy represent the faculty and staff of well-known colleges and universities and provide support for Foreign Student Advisors, Human Resources and Legal Departments.
