Federal Agencies, Agency Memos & Announcements

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

7/29/21 AILA Doc. No. 21073004. Students & Schools

USCIS announced that pursuant to a court order, USCIS extended the flexibilities for certain foreign students affected by delayed receipt notices for Form I-765, Application for Employment Authorization. These flexibilities have been extended to include applications received on or after October 1, 2020, through October 31, 2021, inclusive. Applicants can file Form I-765 up to 120 days before the program end date if the application is received by October 31, 2021.

USCIS posted the following alert:

ALERT: Pursuant to a court order, these flexibilities have been extended to include applications received from Oct. 1, 2020, through Oct. 31, 2021.

For applicants who timely filed Form I-765 for OPT and STEM OPT and whose applications were later rejected, USCIS will accept a refiled Form I-765 as filed on the original filing date if:

The original, timely filed application was received on or after Oct. 1, 2020, through Oct. 31, 2021, inclusive; and USCIS subsequently rejected it.

Refiled applications must be received by Nov. 30, 3021, for USCIS to treat the application as though filed on the original received date.

Additionally, for applications received through October 31, 2021, applicants can file Form I-765 up to 120 days before the program end date.

Cite as AILA Doc. No. 21073004.