For international students in the U.S., Optional Practical Training (OPT) serves as a vital bridge between academic study and professional work experience. However, receiving a denial for an OPT application can be unsettling and confusing. Knowing the steps to take after a denial can help you make informed decisions about your next move. Here’s a comprehensive guide on what to do if your OPT is denied.
1. Understand the Reason for Denial
The first step is to carefully review the denial notice issued by U.S. Citizenship and Immigration Services (USCIS). The notice will outline the specific reason for the decision. Common reasons for denial include:
Missed Filing Deadlines: OPT applications must be submitted within a specific time frame.
Incomplete or Inaccurate Application: Missing signatures, incorrect fee payments, or errors in the form can lead to denial.
Failure to Meet Eligibility Requirements: Students may be ineligible if they’ve already used OPT at the same academic level.
Understanding the exact cause of the denial will help you determine the appropriate course of action.
2. Determine If You Can File a Motion to Reopen or Reconsider
If you believe the denial was due to a mistake on USCIS’s part, you may have the option to file a Motion to Reopen (MTR) or a Motion to Reconsider. These options are only viable if you have new evidence or can prove that USCIS made an error in processing your application.
Motion to Reopen: Used if you have new evidence that was not available at the time of the original application.
Motion to Reconsider: Used if you believe USCIS misapplied the law or policy.
Filing a motion requires submitting Form I-290B along with the required fee. This process should be done quickly as there are strict deadlines for filing motions.
3. Explore Other Work Authorization Options
If reopening or reconsidering the case isn’t an option, you may need to explore alternative work authorization opportunities. Some options include:
Day 1 CPT (Curricular Practical Training): If you’re enrolled in a new academic program, you may be able to work on CPT starting from the first day of classes. However, you must be aware of the regulatory requirements for CPT eligibility.
H-1B Visa: If you’ve received a job offer from a U.S. employer, they may be able to sponsor you for an H-1B visa, which allows for employment in a specialty occupation.
It’s important to discuss these options with your Designated School Official (DSO) or an immigration attorney.
4. Plan for Your Immigration Status
If your OPT is denied and you’re unable to work, you’ll need to make arrangements for your immigration status. Options include:
Enroll in a New Academic Program: Starting a new degree program can help you maintain your F-1 student status.
Leave the U.S.: If no other options are available, you may be required to depart from the U.S. before your grace period ends.
Your grace period typically lasts 60 days after your program end date, so it’s important to act quickly.
5. Seek Legal Advice
An immigration attorney can help you navigate the complexities of a denied OPT application. They can assess your case, help you prepare a motion, and explore alternative pathways to maintain your status.
6. Stay in Communication with Your DSO
Your school’s Designated School Official (DSO) can provide crucial guidance on maintaining your status. DSOs can also help you understand your options for reapplying for OPT or exploring alternatives like CPT.
Conclusion
Receiving an OPT denial can be a significant setback, but it’s not the end of the road. By understanding the reasons for denial, considering options like a motion to reopen, and exploring alternative work opportunities, you can make informed decisions about your next steps. Lean on your DSO and, if necessary, seek legal guidance to protect your status and future career opportunities in the U.S.
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