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USCIS Announces Flexibilities for Certain Foreign Student Applicants Affected by Delayed Receipt Notices for Form I-765, Application for Employment Authorization
USCIS Announces Flexibilities for Certain Foreign Student Applicants Affected by Delayed Receipt Notices for Form I-765, Application for Employment Authorization

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.

  • Kathleen M. Peregoy
    Partner

    Kathleen M. Peregoy is a highly accomplished immigration attorney and serves as Co-chair of Connell Foley's Corporate Immigration and Global Mobility practice. Prior to joining the firm, Kathleen was a partner at Dornbaum & ...

  • Neil S. Dornbaum
    Partner

    Neil Dornbaum, Co-chair of Connell Foley's Corporate Immigration and Global Mobility practice, is recognized as one of the most active and distinguished immigration attorneys in New Jersey. Prior to joining the firm, Neil was a ...

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