USCIS: Flexibilities to applicants filing Form I-765 for OPT

In an official announcement on February 26, 2021, US Citizenship and Immigration Services [USCIS] has announced “flexibilities for certain foreign students affected by delayed receipt notices for Form I-765, Application for Employment Authorization”.

As per the USCIS latest News Alert, the flexibilities announced will be applicable only to applications for Form I-765 that had been received by USCIS either on or after October 1, 2020, through May 1, 2021. Both dates inclusive.

It was back in 1891 that the federal oversight of immigration began with the creation of the first Office of Immigration in the Treasury Department. On March 1, 2003, USCIS assumed responsibility for the immigration service functions that come under the US federal government. An application for employment authorization, Form I-65 might have to be filed by certain aliens that are in the US. The Form is filed for requesting – ·         Employment authorization, and ·         An Employment Authorization Document [EAD]. Filing a Form I-765, Application for Employment Authorization, is required in order to request an Employment Authorization Document [Form I-766/EAD]. Securing an EAD is one of the ways of proving that the individual is allowed to work in the US for a specified period of time. Other aliens in the US with an immigration status authorizing them to work in the US without restrictions might also use Form I-765 for applying to USCIS for an EAD showing such authorization.

USCIS has been experiencing delays at certain lockboxes in the issuance of receipt notices for Form I-765 for Optional Practical Training [OPT] for F-1 students.

As per USCIS, the delays have been in view of a range of factors, such as COVID-19 restrictions, postal service volumes etc.

Consequently, USCIS has extended the following flexibilities for assisting certain applicants for OPT impacted by the delays.

Flexibilities by USCIS for certain applicants for OPT
Missing or deficient signatures	Generally, applications with missing/deficient signatures are rejected at the lockbox. ------------------------------------------------------------ Now, if the lockbox accepts a Form I-765 application for STEM OPT or OPT with a missing/deficient signature, in place of denying the application, USCIS will be issuing a Request for Evidence instead.
Refiling Following Rejection	Applicants for OPT are required to file Form I-765 during a specific timeframe. Due to lockbox delays, some applicants – that had timely filed Form I-765 for OPT and had their applications later rejected – were unable to refile within the timeframe. ------------------------------------------------------------ Now, USCIS will be accepting a refiled Form I-765 for STEM OPT and OPT as filed on the original filing date, provided – ·         The original and timely filed application had been received either on or after October 1, 2020, and May 1, 2021 [both dates inclusive], and ·         The application was subsequently rejected by USCIS. Refiled applications would have to be received by May 31, 2021, for USCIS to treat the application as if it had been filed on the original received date. Applicants refiling an application must include a copy of the rejection notice for facilitating the review of the case.
14-month OPT Period Flexibilities	F-1 students might participate in up to 12 months of post-completion OPT [to be completed within 14 months from the end of their program]. Due to the lockbox delays, some might only be eligible for a shortened period of OPT within that specific 14-month timeframe. ------------------------------------------------------------ Now, USCIS will be allowing the 14-month period to start from the “date of approval” of Form I-765 for applications for post-completion OPT.

 

USCIS recommends applicants filing Form I-765 to go through the specific instructions towards ensuring that their application is complete in all respects before submission.

If you are looking to Study, Work, Visit, Invest or Migrate to the UK, talk to Y-Axis, the World’s No.1 Immigration & Visa Company.

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