What to do if your OPT is denied?

Many international students rely on Optional Practical Training (OPT) to gain valuable work experience in the U.S., but despite careful planning, there are risks of OPT denial. If your application is denied, what should you do? Before tackling potential solutions, it's important to understand the fundamental requirements and common reasons for denial. Often, denials stem from not meeting eligibility criteria or due to procedural errors.

Table of Content

• Basic Eligibility for OPT Applications
• Common Reasons for OPT Denial
• What to Do If OPT is Denied?
• Preventing OPT Denials
• Special Circumstances
• Leveraging Day 1 CPT as a Backup
• Conclusion

Basic Eligibility for OPT Applications

To maximize the likelihood of approval, applicants must satisfy these fundamental requirements:

1. Valid F-1 Visa Status: The applicant must be in the U.S. on a valid F-1 visa.
2. Full-Time Enrollment for One Academic Year: The applicant must complete at least one academic year (two semesters or three quarters) as a full-time student at a SEVP-certified institution.
3. Degree Completion: The applicant must have completed all required coursework for the degree, excluding thesis or dissertation work, and have studied in the U.S. for at least nine months.
4. Institutional Approval: The application must be endorsed by a Designated School Official (DSO) or academic advisor.
5. CPT Restrictions: The applicant must not have used more than 12 months of full-time Curricular Practical Training (CPT) during the same degree level.
6. E-Verify Requirements: For STEM OPT extensions, the applicant’s employer must be registered with E-Verify.

Common Reasons for OPT Denial

Based on real student experiences, six primary causes of OPT denial include:

1. Late Submission: Missing the 90-day pre-graduation or 60-day post-graduation application windows.
2. DSO Errors: Mistakes in the I-20 form, such as incorrect program dates or incomplete recommendations.
3. Degree Mismatch: Submitting an OPT application for a degree level already used for OPT.
4. Insufficient F-1 Status: Not meeting the one-year F-1 requirement due to SEVIS ID changes or breaks in status.
5. Incomplete or Incorrect Materials: Missing or outdated forms, improperly filled-out I-765, or invalid payment methods.
6. Exceeding Full-Time CPT Limit: Using over 12 months of full-time CPT disqualifies students from OPT eligibility.

What to Do If OPT is Denied

When OPT is denied, the key is to act quickly. USCIS will issue a Denial Notice outlining the reasons for rejection, and the status of your SEVIS record (active or expired) determines your next steps.

1. SEVIS Still Active

If your SEVIS is active and within your 60-day grace period, you may have the option to reapply for OPT. Ensure all errors or missing materials are corrected before resubmitting. Here's how:

• Contact Your DSO Immediately: Request a new OPT-recommended I-20 form.
• Ensure Accuracy: Double-check all documentation and submit within the allowed timeframe.
• Consider Backup Plans: Concurrently apply for a Day-1 CPT program. If OPT is denied again, you can transition to a CPT program without losing F-1 status and continue working legally.

2. SEVIS Expired

If your SEVIS record is no longer active (i.e., after the 60-day grace period), reapplying for OPT is not an option. Instead, you can:

• File a Motion: If USCIS made an error, you can file a Motion to Reopen or Motion to Reconsider (Form I-290B) within 30 days of receiving the Denial Notice. However, filing a motion does not provide legal status during the review period.
• Enroll in a Day-1 CPT Program: Apply for a program that supports initial F-1 status. After receiving an Initial I-20, you can re-enter the U.S. before the program starts, reactivate your F-1 visa, and resume working under CPT authorization.

Preventing OPT Denials

Being proactive is key to avoiding denials. Here are tips to ensure a smooth application process:

1. Timely Submission: Apply early—at least 90 days before graduation.
2. Accurate Documentation: Use the latest USCIS forms, double-check for errors, and ensure supporting documents like I-20 and passport are current.
3. Monitor CPT Usage: Avoid exceeding the 12-month full-time CPT limit.
4. Coordinate with Your DSO: Regularly check the status of your I-20 and SEVIS updates.

Special Circumstances

DSO Errors

Mistakes in your I-20 form can jeopardize your application. Always verify information, such as program start and end dates, degree level, and OPT recommendation, before submission. Promptly address discrepancies with your DSO.

Travel Risks During Pending Applications

Traveling internationally while OPT is pending may risk denial or re-entry challenges. Consult with your DSO or an immigration attorney before planning any trips.

Leveraging Day-1 CPT as a Backup

For students whose OPT applications are denied, Day-1 CPT programs offer a viable alternative to maintain F-1 status. These programs allow students to continue working while pursuing further education. After completing the CPT program, students can still apply for OPT at the same degree level.

Conclusion

While OPT denials are challenging, they can often be avoided with meticulous preparation. If denied, understanding your SEVIS status and acting promptly is critical. Whether through reapplying, filing a motion, or transitioning to Day-1 CPT, you have options to remain in the U.S. and continue pursuing your goals. Stay informed, plan carefully, and reach out for professional guidance when needed to navigate the complexities of U.S. immigration.