STEM OPT Denial - Common Reasons and Solutions

This guide outlines the common reasons for OPT extension denials and provides strategies for addressing the issues.

Common Reasons for STEM OPT Denial

1. Incorrect Timing for Application Submission

You must submit your application for an OPT extension within 60 days after your school’s DSO issues your OPT I-20. You must also ensure you submit your application no more than 90 days before your initial OPT ends. Submitting the application too early or too late can lead to a denial.

2. Issues with Application Materials

Problems can arise if your application contains unclear information or incorrect checkmarks. Make sure to mark sections that do not apply as “N/A.” Incomplete supplemental materials can result in a denial or an RRE (Request for Evidence).

3. Mismatch Between Field of Study and Job Position

Your job position for an OPT extension must directly relate to your STEM degree, just like initial OPT. Typically, if your initial OPT is approved, the extension will likely be approved as well. Denials often occur when students change jobs to positions that no longer match their degree.

4. Your Employer or Salary Does Not Meet Requirements

Although initial OPT has relatively low requirements for employers and salary, the STEM OPT Extension has specific requirements:

  • The employer must be a E-Verified.

  • The employer must develop a detailed training plan for the OPT employee, including supervision and evaluation during their employment.

  • Although the OPT extension application does not require proof of salary from the employer, a salary below the market average could result in an RFE (Request for Evidence).

 

What if Your Application is Denied?

If your OPT Extension application is denied, you must leave the U.S. before the end of the 60-day grace period. During these 60 days, you can consider either leaving the U.S. or using the following methods to stay in the country:

1. Emergency Transfer to Regain F-1 Status

You can apply for a new program at a new school, obtain a new I-20, and choose either to active the new I-20 upon re-entry or to reinstate F-1 status within the country. 

2. Change of Status Within the U.S.

You may change to a B-1/B-2 visitor status to remain in the U.S. However, the visitor status is limited in duration and does not permit employment. If you wish to continue working, you can consider enrolling in a CPT program and then changing back to F-1 status. However, frequent changes in status involve complicated procedures and may raise suspicions with USCIS.

3. Leave the Country and Seek Opportunities to Return

If you are unsure about how to proceed, make sure to leave the country before your grace period ends. Failing to leave on time will result in a record of "unlawful presence" and you may be barred from reentering the U.S. for 3-10 years.

After you leave the U.S., your I-20 will be invalidated. If you find an U.S. employer in the future, you can apply for a U.S. work visa—such as H1B—from outside the U.S. and then return to work. 

If you cannot find employer sponsorship but still wish to pursue opportunities in the U.S., consider enrolling in a Day 1 CPT program for a second master’s degree. By doing so, you can use the F-1 visa to return to the U.S., find internships using CPT during your studies, and wait for another chance to join the H-1B lottery.

 

Real Case of OPT Rejection

*This case is shared by a student.

Reason: The school entered the wrong CIP Code

Alice's initial OPT was set to expire on August 19, 2022. Following the guidelines, she started her STEM OPT Extension application 3 months in advance. Alice submitted her application on May 20 and received an RFE (Request for Evidence) notification in mid-June. She promptly provided her offer letter, paychecks, and other required documents. Despite her efforts, Alice received a Denial Notice after the review.

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  • You can find your CIP code on your I-20.
  • CIP stands for Classification of Instructional Programs and is listed by the National Center for Education Statistics (NCES) under the U.S. Department of Education.

Resolution Process

With less than a month left before her OPT expired, Alice was very anxious. After multiple communications with her school, it turned out that the school had mistakenly entered a CIP code that did not support the STEM OPT Extension. Thus, the school promptly prepared a letter explaining the situation.

With the school's explanation letter and the assistance of a lawyer, Alice filed a "Motion to Reopen" and eventually passed the review.

During the review period, since Alice was already in the 60-day grace period, she could stay in the country but was not allowed to work. Following her HR's suggestion, she took an unpaid leave of absence. Once her STEM OPT Extension was approved, Alice resumed working successfully before her grace period ended.