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Optional Practical Training (OPT) provides F-1 international students in the United States an opportunity to gain work experience related to their field of study. This program allows students to work for up to 12 months after completing their degree, with an additional 24-month extension available for STEM graduates. Many international students rely on OPT to gain practical experience and potentially transition to longer-term employment visas such as the H-1B. However, not all OPT applications are approved. This article outlines common reasons for OPT denials and offers guidance on addressing them.
Table of Contents
OPT Rejection vs. OPT Denial: Understanding the Difference
7 Common Reasons for OPT Rejection & Denial
What Happens If Your OPT is Denied?
What to Do After an OPT Denial: 4 Options
OPT Rejection vs. OPT Denial: Understanding the Difference
Before we dive into the reasons behind an OPT application being denied, it is crucial to distinguish between a rejection and a denial of your application. Though the terms are often used interchangeably, they mean very different things in the context of OPT applications.
(1) OPT Rejection
A rejection typically occurs when your application is incomplete or contains technical errors, such as:
- Missing documents or incorrect information.
- Not paying the filing fee of $470.
- Using the outdated version of Form I-765 (Application for Employment Authorization)
A rejection means that the U.S. Citizenship and Immigration Services (USCIS) never processed your application. In most cases, if your application is rejected, you can correct the errors and resubmit it.
(2) OPT Denial
A denial, however, is much more serious. It means that your application was reviewed and processed, but it did not meet the eligibility requirements or there was an issue that led to the denial. Common reasons for denial include not maintaining F-1 status, not meeting degree qualifications, working without legal authorization, or submitting incorrect information.
Unlike a rejection, responding to a denial is more complex, and your options may be more limited. Therefore, it is essential to understand the reasons behind a denial to avoid future issues and determine your next steps.
7 Common Reasons for OPT Rejection & Denial
While many OPT applications are approved without issue, there are several common mistakes that can lead to either rejection or denial. Here’s a breakdown of the typical reasons:
3 Common Reasons for OPT Rejection:
- Missing Documentation and Form Errors
Failing to include required documents, such as proof of your degree or evidence of your F-1 status, can lead to a rejection. Simple errors in your I-20 or I765, such as incorrect dates and wrong program codes, can also cause a rejection. During the busy season (March to June), it is possible for the International Student Office to make errors when handling a large number of applications. Thus, it is necessary to review your application thoroughly before submitting.
- Failure to Pay the Filing Fee
One common mistake when submitting Form I-765 is paying the incorrect filing fee. To avoid delays or rejections, double-check the required fee and confirm your payment method before submitting your application.
- Submitting Your Application Too Early or Too Late
OPT applications must be filed within the specific time frame—between 90 days before and 60 days after your program end date. Submitting too early will result in a rejection, requiring you to wait before resubmitting. Submitting too late, however, will lead to a denial, making you ineligible for OPT.
4 Common Reasons for Denial:
- Violation of the “30-Day Rule”
There is a “30-day rule” for OPT applications—Your OPT application must be submitted within 30 days after receiving your OPT I-20 from the International Student Office. If you miss this deadline, your application will be rejected. To resolve this, you can request a new OPT I-20 from your school and resubmit your application to the USCIS within the 30-day window.
- Already Approved for OPT at the Same Degree Level
International students can only apply for OPT once per degree level. If you have already used OPT for a particular degree, such as a master’s, you will be unable to apply again for OPT for another master’s degree in the future. Only a higher-level degree will qualify for a new OPT application.
- Overuse of Full-Time CPT
Using full-time CPT for a cumulative period of 12 months disqualifies students from OPT at their current degree level. To be eligible for OPT, you should limit their full-time CPT participation to less than 12 months. Alternatively, you may choose working with part-time CPT.
- Previous SEVIS Termination (New SEVIS is Valid for Less than 1 Year)
To be eligible for OPT, international students must maintain F-1 status for at least 1 year. If your SEVIS ID is terminated due to expulsion or a gap year, the clock resets once you receive a new SEVIS ID. If your program ends in less than a year after you obtain a new SEVIS, your OPT application may be denied. In such cases, you may consider delaying your graduation date to meet the eligibility requirement for OPT.
About STEM OPT Denials
If you are applying for the STEM OPT extension, besides the reasons mentioned above, you also need to pay special attention to the following points:
- Employer Eligibility
The STEM OPT extension requires the student’s employer to join the E-Verify program. If your employer does not meet this requirement, your application will be denied. Additionally, the employer must provide a structured training plan that aligns with your field of study, as outlined in the Form I-983. Failure to submit a proper I-983 or to follow the outlined training plan may lead to denial.
- Paid Employment
For the STEM OPT extension, your job must be paid, meaning unpaid internships and volunteer roles do not qualify.
- Relevance of Degree to Job
For the STEM OPT extension, your job must be directly related to your STEM degree. This means the position should utilize the skills and knowledge gained through your academic program. Working in a non-STEM field can lead to the denial of your STEM OPT application even if you hold a STEM degree.
What Happens If Your OPT is Denied?
If your OPT application is denied, you must depart the U.S. by the end of your 60-day grace period. Alternatively, you can change to another non-immigrant status or transfer to another school to maintain your F-1 status. Otherwise, you will be labeled by the USCIS as "illegal presence," which can negatively impact your future visa applications and re-entry to the U.S.
What to Do After an OPT Denial: 4 Options
If your OPT application is denied, it can feel like the end of the road, but there are still several options available to you. Here’s what you can do:
1. Refiling Your OPT Application
If your OPT was rejected due to a correctable mistake, such as missing documents or incorrect information, refiling your OPT application may be an option. However, this approach is time-sensitive. You must ensure that you are still within the eligible time frame to refile. Remember, OPT applications must be submitted within 60 days after your program end date, and your work authorization cannot begin until your new application is approved. Thus, it is recommended to prepare for your OPT application as soon as possible.
2. Filing a Motion to Reopen or Reconsider
If you believe that your denial was due to an error on the USCIS’s part, you can file a Motion to Reopen or Motion to Reconsider (Form I-290B). Here’s the difference between the two:
- Motion to Reopen: This is appropriate if new facts are available that could change the decision on your application, such as additional documentation that you did not submit earlier.
- Motion to Reconsider: This is used if you believe USCIS incorrectly applied the law or made an error when processing your application. You will need to present legal arguments or show how your application met the eligibility criteria.
It is advisable to consult with an immigration attorney if you are considering this option, as the legal process can be complex.
3. Enroll in a Day 1 CPT Program
If you are not eligible to refile or appeal, you may consider enrolling in a university that offers Day 1 CPT. Day 1 CPT allows you to maintain your F-1 status while starting working immediately from the very beginning of a graduate program. However, you need to select Day 1 CPT schools carefully to avoid any future immigration issues.
Before enrolling in a Day 1 CPT program, be sure to:
- Verify the school’s accreditation and CPT policies.
- Choose a school that is close to your location.
- Follow the key principles of choosing Day 1 CPT Programs.
Recommended Readings:
4. Changing to Another Status
The final option is changing your status. Some possible alternatives include:
- L-1 Visa: If you have secured a job, you can request your employer to relocate you to a branch or office outside the U.S. After one year abroad, you may return to the U.S. on an L-1 visa. However, the L-1 visa is tied to that specific employer, meaning you cannot change jobs during this period.
- B-2 Visa: Some students may consider changing to a B-2 tourist visa to remain in the U.S. temporarily. However, this visa does not allow for employment, and is not a long-term solution.
- F-2/H-4 Visas: If your spouse holds a legal status such as F-1 or H-1B, you can change to a dependent status such as F-1 or H-4. Some H-4 holders are eligible for an EAD, which allows them to legally work in the U.S.
Final Thoughts
An OPT denial can be a stressful and challenging experience, but it is important to remember that it does not necessarily mean the end of your opportunities to work and stay in the U.S. Whether you choose to refile your application, appeal the denial, or pursue alternative options such as Day 1 CPT, there are still pathways available to achieve your goals. Take the time to understand your options, seek professional guidance when needed, and make informed decisions about your next steps.
