Below is the USCIS News Alert regarding the extension of previously announced flexibilities:

Optional Practical Training (OPT) is a temporary employment position directly related to an F-1 student’s major area of study. Students can apply for up to 12 months of OPT before or after completing their studies. To apply for OPT, the student must file Form I-765 (Application for Employment Authorization) with the U.S. Citizenship and Immigration Services (USCIS) and attach all of the supporting documentation required by the form’s instructions. The student must also request that the designated school official (DSO) recommends the OPT by endorsing the student’s Form I-20 (Certification of Eligibility for Nonimmigrant Student Status).

Applicants for OPT must file within certain timeframes. However, due to recent lockbox delays, some applicants whose I-765 applications were timely filed and later denied have been unable to timely refile during the acceptable timeframes. Therefore, the USCIS is extending the flexibilities it recently announced extending these refiling dates.

Extended Deadlines Based on Extended Original Filing Date:

Now, the USCIS will accept refiled I-765 forms for OPT and STEM OPT as filed on the original filing date if:

  • The original was timely filed and received on or after October 1, 2020, through October 31, 2021, and
  • USCIS subsequently rejected it.

Due Date for the Refiling:

The refiling must be received by the USCIS by November 30, 2021, for this extension to apply, and any applicant whose application is received through October 31, 2021, can file the I-765 form up to 120 days after their program ends.

End USCIS News Alert

If you have questions about any of these flexibilities or other immigration-related topics, contact us at ILBSG. We are here to work with you to ensure you get the right advice.