US flexibility under OPT program for foreign STEM students

The US Citizenship and Immigration Services (USCIS) announced that it would provide for greater flexibility for students to complete their optional training program (OPT) after they graduate because of delays in processing applications due to the Covid-19 restrictions, an Economic Times report said.

The OPT program gives one year of work authorization to students who complete their degree studies and it should be completed within 14 months of their program ending.

The STEM (Science, Technology, Engineering, Mathematics) graduates can continue their OPT for another two years, giving them a total of three years to work in the US after following the completion of the studies.

According to the Economic Times, the 14 month period will now commence on the date of the approval of Form I- 765 which is the application for post-completion OPT for applications filed between October 1, 2020 and May 1, 2021.

“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 … flexibilities to assist certain applicants for OPT impacted by the delays,” said the USCIS in a press note. In February, a group of 18 international students filed a lawsuit against the agency on the grounds that a delay in processing their application could cause them to lose their legal status in the country during the waiting period.

The agency also said that it would start approving 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 Non immigrant Student Status. Students who receive approvals for a shorter period of time can request a correction due to USCIS error, it said.