According to OPTtimeline.com, around 50% of applicants—whether for initial OPT or a STEM extension—are facing an average waiting period of nearly 3.9 months for approval this year. That’s almost 120 days! However, F1 international students only have a 60-day grace period after graduation to either transfer to a new program, apply for OPT, or leave the country. This creates a real risk of waiting through the grace period only to receive an OPT denial, leaving you with very little time to act and avoid unlawful presence in the U.S.
Filing a Motion to Reopen or Reconsider (Form I-290B)
If you believe your OPT denial was due to a mistake, you can file a motion to reopen or reconsider the decision. This process requires presenting new evidence or highlighting an error in the adjudication process. It’s crucial to file this motion within 30 days of receiving the denial.
Transfer to Another Program
If you cannot get your OPT approved, another option is transferring your SEVIS record to a new academic program, reinstating your F-1 status, and allowing you to continue studying. This will buy you more time to figure out your next steps and maintain legal status.
For OPT denial, you have two choices: file a Motion to Reopen or a Motion to Reconsider.
To file a motion to reopen, you will have to provide new evidence that was not considered during the original decision is available.
Example 1:
If your OPT is denied due to a late submission caused by mail delivery service failure, you may be eligible to file a motion to reopen since this was beyond your control. To improve the chances of approval, you will need to provide authentic proof supporting your claim. In this case, a USPS receipt can serve as "new evidence" and strengthen your motion to reopen.
Example 2:
If your OPT is denied due to errors made by your school's staff, such as incorrect information on your application, you may be able to file a motion to reopen. In this case, it's important to have your school acknowledge the mistake and provide explanation letters to USCIS to support your motion.
To file a Motion to Reconsider, you must demonstrate that USCIS misapplied the law, regulations, or policy when making its decision. You need to prove that the evidence already on file at the time of the decision supports your eligibility for OPT. Unlike a motion to reopen, a motion to reconsider does not introduce new evidence.
Example:
If your OPT extension was denied because USCIS mistakenly categorized your STEM major code as non-STEM, you should consider filing a motion to reconsider.
You must file a motion within 30 days of the decision date (or 33 days if the decision was mailed).
Filing a motion does not extend your legal status. Even if you believe USCIS made an error, you must still follow your grace period and take further action if necessary.
If your grace period is running out or you've begun accumulating unlawful presence days, another viable option is to transfer to a Day 1 CPT program. These programs allow you to continue working while pursuing your education. Day 1 CPT universities offer flexible enrollment options, some with as many as six intake periods annually, allowing you to quickly enroll and secure a new I-20.
Day 1 CPT universities allow you to work from the beginning of your program while maintaining your F1 status. If your OPT is denied and you’ve already secured a job, transferring to a typical university may not allow you to continue working full-time. However, Day 1 CPT programs offer work authorization right from the start, so you can avoid any employment gaps and continue advancing your career without interruption.
Facing an OPT denial can be overwhelming, but options are available to maintain your legal status and continue working in the U.S. Whether you decide to file a Motion to Reopen or Reconsider or transfer to a Day 1 CPT program, acting quickly is essential. Evaluate your situation, gather the necessary documentation, and consult with your Designated School Official (DSO) or an immigration expert to make the best decision for your future.
Disclaimer: This is not legal advice. Please consult an immigration lawyer if necessary.