Overview
Receiving a denial for your Optional Practical Training (OPT) application can be stressful. Understanding the reason behind the denial and knowing your options is essential for maintaining your F-1 status and planning your next steps.
Common Reasons for OPT Denial
- Late Submission: If USCIS receives your application more than 30 days after your DSO issues your Form I-20 with OPT recommendation, your application may be denied.
- Previous OPT at the Same Degree Level: You are allowed only one OPT authorization per degree level. A second application at the same level will be denied.
- Insufficient Academic Progress: You must have completed at least one full academic year of full-time study before applying for OPT.
- Missed Grace Period: Applications submitted after the 60-day grace period following program completion are not accepted.
Immediate Steps After OPT Denial
- Review the Denial Notice
Carefully read the denial notice to identify the specific reason for the denial. - Consult Your DSO
Discuss your case with your Designated School Official to understand how the denial affects your F-1 status and what alternatives may exist. - Consider Filing a Motion (Form I-290B)
If you believe USCIS made an error, you may file a Motion to Reopen or Reconsider within 30 days of the denial. However, filing the motion does not extend your F-1 status or permit you to work while the motion is pending. - Explore Re-enrollment or Transfer Options
You may maintain your F-1 status by enrolling in a new academic program. Some programs may offer Curricular Practical Training (CPT) from the first day, but CPT must be part of the academic curriculum and authorized by your DSO. - Seek Legal Advice
Consulting an immigration attorney can help you evaluate your options, including possible reinstatement, change of status, or legal remedies.
How to Prevent OPT Denial
- Apply on Time: Submit your OPT application so that it reaches USCIS within 30 days of the OPT recommendation in SEVIS.
- Ensure Accuracy: Carefully review all documents and supporting materials before submission.
- Maintain F-1 Compliance: Stay enrolled full-time and follow all F-1 regulations to remain eligible for OPT.
People Also Ask (PAA)
Q.What are the top reasons for OPT denial?
A. Common reasons include late submission, previous OPT at the same level, ineligibility due to academic progress, or applying after the grace period.
Q. Can I reapply for OPT after denial?
A. Only if the denial resulted from a correctable error and you are still within the filing window. Speak to your DSO immediately.
Q. Does filing a motion extend my legal status?
A. No. Filing Form I-290B does not grant lawful presence or employment authorization while the motion is pending.
Q. What is Day 1 CPT, and is it legal?
A. Day 1 CPT is only allowed when it is a required part of your academic program. Unauthorized use can lead to future immigration complications.
Q. Can I travel after an OPT denial?
A. Traveling internationally after OPT denial is risky and could affect your ability to return. Always consult your DSO or an attorney first.
Q. Is there an appeal process for OPT denial?
A. USCIS does not offer a formal appeal, but you may file a Motion to Reopen or Reconsider.
Q. How long do I have to file a motion?
A. You must file within 30 days of the date listed on the denial notice.
Q. Can I work while my OPT motion is under review?
A. No. You are not authorized to work unless you receive a new form of work authorization.
Final Tip
Timely action and clear understanding of your rights and responsibilities are key. Always consult your DSO and consider legal guidance to avoid jeopardizing your status.