USCIS Extends Flexibilities to Certain Applicants Filing Form I-765 for OPT

Release Date 

USCIS today announced flexibilities for certain foreign students affected by delayed receipt notices for Form I-765, Application for Employment Authorization. These flexibilities apply only to applications received on or after Oct. 1, 2020, through May 1, 2021, inclusive.
USCIS has experienced delays at certain lockboxes in issuing receipt notices for Form I-765 for optional practical training (OPT) for F-1 students. These delays are a result of COVID-19 restrictions, a dramatic increase in filings of certain benefit requests, postal service volume and delays, and other external factors. While we have made progress in addressing the problem, we are extending the following flexibilities to assist certain applicants for OPT impacted by the delays.
14-month OPT Period Flexibilities
F-1 students may participate in up to 12 months of post-completion OPT, which must be completed within 14 months from the end of their program. Due to the delays at the lockbox, some applicants may only be eligible for a shortened period of OPT within that 14-month period. To allow F-1 students to complete the full period of requested OPT (up to 12 months), USCIS will allow the 14-month period to commence from the date of approval of the Form I-765 for applications for post-completion OPT.
Beginning today, USCIS will approve applications for post-completion OPT with validity dates reflecting the same amount of time originally recommended by the designated school official (DSO) from their school on the Form I-20, Certificate of Eligibility for Nonimmigrant Student Status.
F-1 students requesting post-completion OPT who receive an approval of Form I-765 for less than the full amount of OPT time requested (not to exceed 12 months) due to the requirement that the OPT be completed within 14 months of the program end date may request a correction of the EAD due to USCIS error. USCIS will issue a corrected EAD with a new end date, as requested, to cover the full amount of OPT time recommended in the original application.
Refiling Following Rejection
Applicants for OPT must file the Form I-765 during certain timeframes. However, we recognize that due to the lockbox delays, some applicants who timely filed Form I-765 for OPT and whose applications were later rejected are unable to timely refile within the required application timeframes.
USCIS will accept a refiled Form I-765 for OPT and STEM OPT as filed on the original filing date if:
  • The original, timely filed application was received on or after Oct. 1, 2020, through May 1, 2021, inclusive; and
  • USCIS subsequently rejected it.
Refiled applications must be received by May 31, 2021, for USCIS to treat the application as though filed on the original received date.
Applicants refiling a Form I-765 for OPT or STEM OPT do not need to obtain a new Form I-20 with an updated OPT recommendation from the DSO, as long as they originally submitted an application for post-completion OPT within 30 days of the DSO’s recommendation or an application for STEM OPT within 60 days of the DSO’s recommendation as required by the regulations.
Applicants refiling an application should include a copy of the rejection notice to facilitate review of the case.
Missing or Deficient Signatures
Applications with missing or deficient signatures are generally rejected at the lockbox. This policy remains unchanged. However, if the lockbox accepts a Form I-765 application for OPT or STEM OPT with a missing or deficient signature, USCIS will issue a Request for Evidence rather than deny the application, to give the applicant the opportunity to respond and provide the necessary signature or correct the deficiency. We encourage applicants filing Form I-765 to review the form instructions on our website to ensure their application is complete before filing it.
原文链接

 https://www.uscis.gov/news/alerts/uscis-extends-flexibilities-to-certain-applicants-filing-form-i-765-for-opt 
  美国移民局在2021年2月26日宣布,将对一些外国留学生申请OPT工卡实行宽松政策。这
些宽松政策仅适用于移民局在2020年10月1日到2021年5月1日期间(含起止这两天)收
到的申请。

由于新冠疫情等因素的影响,移民局在为这些留学生的OPT工卡申请寄送收件通知上出
现了延迟现象。所以,移民局将从即日起,实行以下的宽松政策:

1.    外国留学生学业期满后一般可申请最多达12个月的OPT工作时间(除了STEM专业
外)。移民局以前规定,这12个月的时间必须在学业期满后的14个月内完成,由于审理
上的延迟,一些申请人所得到的合法工作时间可能会少于12个月。按照移民局的最新规
定,这14个月的起点将从OPT工卡申请批准日开始,这样就保证了每个留学生可合法工
作12个月。如果某个留学生的OPT工卡申请在前述的期间递交并已获批且时间少于12个
月的话,他(或她)可以重新递交申请,要求移民局发放可合法工作12个月的新卡。

2.    一些在前述期间及时递交的OPT工卡申请被移民局拒绝。这些被拒绝的留学生可
以重新递交申请,并附上拒绝通知的复印件,截止日为2021年5月31日。

3.    没签字或签字有问题的申请以前通常在收件时就被拒绝。按照移民局的最
新规定,这类申请将不会被直接拒绝,移民局将发送补件通知(RFE),给申请人补充签
字或改正错误的机会。 

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