OPT Denials: Common Reasons and How To Avoid Them

We have handled countless cases of OPT denials. OPT, as a valuable internship opportunity, helps students gain practical experience after completing their studies. However, the OPT application process is not always smooth sailing, and many students face the dilemma of being denied. This article will delve into some typical cases of OPT denials and the underlying reasons, to help future applicants better prepare and plan their application process. In summary, the most common reasons for OPT denials among students include the following scenarios:

1. OPT Application Submitted Beyond the 30-Day Rule

The United States Citizenship and Immigration Services (USCIS) enforces a “30-day rule” for OPT applications. Applicants must submit their OPT application to USCIS within 30 days of the issuance of their OPT Requested I-20 by the DSO. Applications submitted after this deadline will be rejected and returned by USCIS. However, if it is still within the 60 days after graduation, applicants can obtain another OPT Requested I-20 and resubmit the OPT application.

2. OPT Denied Due to Non-Compliant I-765 Application Materials

Errors in any of the documents required for the OPT application will lead to the application being rejected and returned. Common mistakes include incorrect check writing format, missing information on the I-765 form, forgetting to sign, filling in incorrect details, incorrect OPT codes, etc.

3. OPT Denied Due to School Errors/I-20 Mistakes

Students applying for OPT must contact the DSO responsible for international student affairs to issue an I-20 for the OPT application. However, it is not uncommon for a DSO to issue the wrong I-20 or forget to update your I-20 status, such as incorrect degree level, wrong major and CIP code, or incorrect program start and end dates. Submitting an incorrect OPT I-20 to USCIS inevitably leads to rejection. Every applicant must check their documents carefully, and if any errors are found in the I-20, they should promptly request the school to correct them.

4. OPT Denied Due to Using Full-Time CPT for Over 12 Months

If Full-Time CPT is used for more than 364 days at the same degree level, then eligibility for OPT post-graduation at that degree level, including the three-year STEM OPT, is forfeited. Therefore, students must ensure not to exceed 364 days of CPT use to avoid OPT denial after graduation.

5. OPT Denied Due to Degree Non-Compliance

The U.S. government stipulates that international students may apply for OPT once per earned degree. However, OPT cannot be applied for more than once at the same educational level, e.g., if OPT has already been utilized at the master’s level, then any subsequent degree at the same level would not qualify for another OPT application.

6. SEVIS Record Previously Terminated

OPT denials due to a previously terminated F1 status or SEVIS record are not uncommon. For students who have changed their SEVIS number, their new SEVIS record will reset the calculation of their time in the U.S. as F1 students. According to USCIS regulations, students who have not completed one academic year (or two semesters) do not meet the requirements for OPT application. Therefore, changes such as SEVIS number changes, I-20 replacements, or transfers that occur within the year leading up to graduation could likely lead to OPT denial. Students should consider delaying graduation or preparing for the possibility of not obtaining OPT.

Conclusion

Facing challenges, thorough preparation is key. The complexity and variability of OPT applications mean that international students need to be more careful and comprehensive during the application process. By analyzing typical denial cases, we hope to provide valuable insights and guidance to help students avoid common mistakes and increase their chances of application success. We wish all international students smooth progress on their path to career development, seizing every opportunity to achieve their aspirations. For more information on studying in the U.S., feel free to contact the Carnegie International Student Institute for free consultation (+1 (412) 313-4232 or [email protected]) .

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