This articles discusses the common reasons for OPT application denials and effective strategies to address them.
An OPT application can be denied if it includes errors or if you fail to meet certain eligibility requirements. Typically, you will find out about your OPT application denial through the online system, followed by a paper denial letter mailed to your address within 2 weeks.
Common Reasons for OPT Denial
1. Violation of the “30-Day Rule” for OPT Submission
The window for submitting your OPT application begins 90 days before your program completion date and ends 60 days after. Applications received outside of this period are deemed invalid. In addition, USCIS has a “30-Day Rule” for OPT applications, which requires you to submit your application within 30 days after you receive an OPT I-20. Applications submitted after this deadline will also be denied.
2. Using Full-Time CPT for 12 Months
If you use 12 months of full-time CPT, you will no longer be eligible to apply for OPT after you graduate. Therefore, it is recommended not to use full-time CPT for more than 11 months. A better way is to use part-time CPT during your studies.
3. Not Meeting Degree Requirements
Each degree level allows for only one period of OPT. If you have already used OPT after completing your master’s degree and want to use OPT again, you must obtain a doctoral degree.
4. Less than One Academic Year in F-1 Status
Those who graduate without having studied in the U.S. for at least one academic year cannot obtain OPT. If your SEVIS number changes for any reason during your studies, your F-1 status will reset from the new SEVIS effective date. If your study period is less than one academic year, you can consider postponing your graduation.
5. Errors in Form I-765 and Supporting Documents
Common mistakes in filling out Form I-765 include using the outdated version, omission of information, a lack of signature, incorrect entries, wrong OPT codes, checks written in an incorrect format, insufficient supporting documents, and submission of non-compliant photos. Passport validity of less than 6 months can also lead to rejection.
6. Errors in I-20
The internal school application is the first step of the OPT process. In this step, your school’s DSO issues an OPT I-20 and updates your I-20 status in the system. However, with many students applying for OPT at the end of each term, the DSO might make errors due to the high workload. If you find any issues in your I-20, promptly request a correction from your school.
Strategies for Handling OPT Denial
1. Resubmitting the OPT Application
If your application denial was due to technical errors in Form I-765 or your I-20, contact the International Student Office at your school for a new I-20 before the old I-20 expires. You can resubmit your OPT application to USCIS within 30 days of receiving the denial letter.
2. Motion to Reopen/Reconsider
You can file a motion to reopen so that USCIS officials can reexamine your case based on new factual evidence and materials. A motion to reconsider involves proving there was a legal or policy error in USCIS’s decision.
Both types of motions must be filed within 30 days of receiving the denial letter, along with Form I-290B, application fees, supporting documents, and a statement. It is highly recommended to consult with an immigration attorney before proceeding.
Additionally, filing a motion does not extend your stay in the U.S. You must leave the country by the departure date given by USCIS after your OPT denial, or you will be considered as "unlawfully present."
3. Urgent School Transfer, Applying for a New I-20, and Extending Legal Stay in U.S.
It is recommended to consider schools that offer Day 1 CPT, as they have multiple enrollment windows each year and process admissions quickly. Once you successfully maintain your legal status, you can then transfer to another school.
After your OPT is denied, your current I-20 will become invalid. To maintain your F-1 status, you must obtain a new I-20 from another school as soon as possible. After that, you can activate the new I-20 by either re-entering the U.S. or applying for F-1 reinstatement.
Please refer to: How to Regain F-1 Status?
4. Change to Another Status to Legally Stay in the U.S.
You can legally stay in the U.S. by changing to another status. For detailed steps, refer to: Change of Status.