What Happens After Filing STEM OPT?

Introduction

Filing for a STEM OPT extension is an important step for eligible F-1 students who want to continue gaining practical experience in a qualifying STEM field. After Form I-765 is submitted to U.S. Citizenship and Immigration Services (USCIS), applicants should monitor their case, keep their immigration documents organized, and understand what may happen while the application is pending.

USCIS Receives and Reviews the Application

After receiving the application, USCIS generally issues a receipt notice containing a case receipt number. This number can be used to track the application through USCIS online case-status tools. Applicants should keep the receipt notice and copies of the submitted application for their records.

USCIS may approve the application, request additional evidence, or take another action on the case. If USCIS issues a Request for Evidence (RFE), the applicant should carefully review the notice and respond within the stated deadline. An RFE may ask for additional documentation needed to evaluate eligibility, so keeping copies of academic records, Form I-20, Form I-983, employment information, and other supporting documents can be useful.

Applicants should also monitor their mailing address and USCIS online account while the application is pending. USCIS provides case-processing information and tools that may help applicants determine when an inquiry about a delayed case may be appropriate.

Employment While the STEM OPT Application Is Pending

For eligible students who timely file their STEM OPT extension, employment authorization may continue for up to 180 days after the expiration of the existing EAD while the STEM OPT application remains pending, subject to the applicable requirements. USCIS explains that specific documents, including the expired EAD, the STEM OPT receipt notice, and the properly endorsed Form I-20, can establish employment authorization for Form I-9 purposes during this period.

If USCIS approves the STEM OPT application, the student should receive a new Employment Authorization Document (EAD). Students should continue following the requirements associated with STEM OPT, including maintaining appropriate records and complying with the terms of their training plan.

Conclusion

After filing STEM OPT, applicants should carefully monitor their USCIS case, respond promptly to any requests, and maintain accurate immigration and employment records. Because the consequences of an error can vary depending on an applicant’s circumstances, consulting an experienced immigration attorney can help clarify the requirements that apply to an individual case.

This article is provided for general informational purposes only and does not constitute legal advice or create an attorney-client relationship. Immigration rules and government procedures may change. Readers should consult a qualified immigration attorney for legal advice regarding their specific situation.