• Insights

United States: USCIS Extends Accommodations to F-1 Optional Practical Training Applicants Affected by Processing Delays

July 30, 2021

insight-news-default

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

At a glance

  • As a result of a recent court order, USCIS is extending some flexibilities to F-1 students seeking Optional Practical Training (OPT) who have been negatively affected by agency delays in receipting and processing Form I-765, Employment Authorization Document (EAD) applications. The flexibilities initially only applied to filings received by May 1, 2021 and now apply to those received by October 31.
  • F-1 students whose OPT applications were received between October 1, 2020 and October 31, 2021, will be permitted to complete their 12-month practical training period within 14 months of the date of their Form I-765 approval, instead of 14 months from the date of their F-1 program completion.
  • F-1 students who timely filed Form I-765 but had their applications rejected due to the lengthy USCIS delays may re-file by November 30, 2021, as long as USCIS received the initial filing between October 1, 2020 and October 31, 2021.
  • The court order also includes an important new accommodation, that applications received through October 31, 2021 may be filed up to 120 days before the F-1 program end date, extended from 90 days under the standard rules.

The issue

U.S. Citizenship and Immigration Services (USCIS) is extending certain flexibilities for F-1 students seeking Optional Practical Training (OPT) who file Form I-765 work authorization applications between October 1, 2020 and October 31, 2021, inclusive. The extended accommodations come in response to recent litigation challenging the significant delays in the issuance of receipt notices for F-1 EAD applications, which in some instances have led to shortened or loss of OPT periods and improper rejections. USCIS has acknowledged the receipt delays and has cited COVID-19 public health measures, an increase in filings, and postal delays as reasons for the development.  The agency implemented some interim accommodations in late February, and has now extended and expanded the accommodations in response to a settlement agreement in a Southern District of Ohio case Li v. USCIS (2:21-cv-677).

USCIS accommodations

USCIS will apply the following relaxed policies to F-1 OPT applications received between October 1, 2020 and October 31, 2021 (inclusive):

  • 14-month OPT period: F-1 students will be permitted to complete their post-completion 12-month OPT period within 14 months of their EAD approval date, rather than within 14 months of their F-1 program end date under the standard rules. Those who receive an OPT approval for less than the full amount of time they are entitled to under the relaxed policy may request a correction from USCIS.
  • Refiling after rejection: Applicants whose timely filed F-1 OPT and STEM OPT applications were rejected will be permitted to refile their applications. These applications must be received by November 30, 2021 in order to be treated as filed on the original date.
  • RFE for missing or deficient signature: USCIS will issue a request for evidence instead of denying F-1 OPT applications that contain missing or deficient signatures if they were received by the agency during the relevant timeframe. However, the USCIS policy permitting rejection of applications with missing or deficient signatures remains in place, so applications should be checked for sufficient signatures prior to filing.

In addition, pursuant to the recent court order, OPT applications received by USCIS through October 31, 2021 may be filed up to 120 days before the F-1 program end date, extended from 90 days under the standard rules.

What it means

As a result of the extended USCIS measures, F-1 students applying for OPT-based EADs between October 1, 2020 and October 31, 2021 should receive a full 12 months of work authorization and will have recourse from improperly rejected Form I-765 applications. They will also be able to submit OPT applications earlier than normal due to the new accommodation. Applicants are reminded that these flexibilities do not change the requirements for F-1 students to submit timely and properly completed EAD applications.

 

This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Media mentions

Business Insider: The Winners and Losers of the New H-1B Era

Partner Catherine Macris discusses how evolving H-1B policies are shaping employers’ ability to recruit foreign talent, particularly in highly specialized fields.

Learn more

Awards

Fragomen Professionals and Employee Network Shortlisted for 2027 TLC Lions Human Awards Europe

Two Fragomen professionals and our BeYou@Fragomen employee network have been shortlisted for the 2027 TLC Lions Human Awards Europe, recognising their contributions to inclusive leadership and a people-centred workplace culture.

Learn more

Awards

Fragomen’s Worldwide Immigration Trends Report 2026 Wins at the FEM EMEA EMMAs

Fragomen is honored with the 2026 FEM EMEA EMMA in the "Thought Leadership - Best Survey or Research Study of the Year" category for its 2026 Worldwide Immigration Trends Report. 

Learn more

Media mentions

Law360: How A New Case Redefines The Birthright Citizenship Battle

Partner Daniel Pierce and Senior Associate Daniel D. Schaeffer examine US birthright citizenship challenges and the implications of recent court rulings for nationwide relief in immigration litigation.

Learn more

Video

What Is ESTA? Five Common Mistakes to Avoid When Traveling to the US

Los Angeles Partner Emily Allen explains what ESTA is, who may be eligible under the US Visa Waiver Program and five common mistakes travelers should avoid when visiting the United States for business or tourism.

Learn more
Generic Insights

Fragomen news

Case Study: Securing a Positive Outcome in a Complex Adult Dependent Relative Appeal

Fragomen supported an Adult Dependent Relative applicant through a complex appeal, using coordinated medical and social care evidence to demonstrate his holistic care needs before the Home Office withdrew its refusal and indicated that the application would be granted.

Learn more

Blog post

Moving Talent, Moving Families: Navigating Family Reunification in Europe

Senior Manager Andreia Ghimis and Senior Immigration Consultant Louise Farren explore how family reunification rules across Europe can affect international moves and why employers should assess family eligibility, immigration requirements and likely timelines alongside an employee’s work authorization.

Learn more

Media mentions

Business Insider: How Would the $70,000 Fee on International Students Working in the US Impact Schools and Grads? 2 Lawyers Break It Down.

Partner Aaron Blumberg discusses how a proposed $70,000 fee for international students seeking US work authorization could affect students, universities and employers.

Learn more

Blog post

How to Qualify for Permanent Residence and Polish Citizenship

Poland Immigration Strategy Director Tomasz Rogala and Senior Associate Tomasz Rdzanek outline the principal pathways to permanent residence and Polish citizenship, including key residence, language and income considerations and potential future reforms.

Learn more

Fragomen news

Comment on USCIS Mandatory Electronic Filing RuleLearn more

Fragomen news

Fragomen Collaboration Selected as 2026 European Labour Authority Good Practice

Fragomen, together with SICPA and Deutsche Rentenversicherung Bund, has been selected by the European Labour Authority as a 2026 Good Practice for an EU-funded WE BUILD use case exploring how digital identity solutions could help transform PD A1 processes and support cross-border labour mobility in Europe.

Learn more

Media mentions

The Caterer: Right to Work Scheme: Have You Carried Out Checks on Temporary Staff?

Senior Manager Louise Senior highlights how expanded UK right to work requirements will affect hospitality businesses using temporary and contingent workers.

Learn more

Media mentions

Business Insider: The Winners and Losers of the New H-1B Era

Partner Catherine Macris discusses how evolving H-1B policies are shaping employers’ ability to recruit foreign talent, particularly in highly specialized fields.

Learn more

Awards

Fragomen Professionals and Employee Network Shortlisted for 2027 TLC Lions Human Awards Europe

Two Fragomen professionals and our BeYou@Fragomen employee network have been shortlisted for the 2027 TLC Lions Human Awards Europe, recognising their contributions to inclusive leadership and a people-centred workplace culture.

Learn more

Awards

Fragomen’s Worldwide Immigration Trends Report 2026 Wins at the FEM EMEA EMMAs

Fragomen is honored with the 2026 FEM EMEA EMMA in the "Thought Leadership - Best Survey or Research Study of the Year" category for its 2026 Worldwide Immigration Trends Report. 

Learn more

Media mentions

Law360: How A New Case Redefines The Birthright Citizenship Battle

Partner Daniel Pierce and Senior Associate Daniel D. Schaeffer examine US birthright citizenship challenges and the implications of recent court rulings for nationwide relief in immigration litigation.

Learn more

Video

What Is ESTA? Five Common Mistakes to Avoid When Traveling to the US

Los Angeles Partner Emily Allen explains what ESTA is, who may be eligible under the US Visa Waiver Program and five common mistakes travelers should avoid when visiting the United States for business or tourism.

Learn more
Generic Insights

Fragomen news

Case Study: Securing a Positive Outcome in a Complex Adult Dependent Relative Appeal

Fragomen supported an Adult Dependent Relative applicant through a complex appeal, using coordinated medical and social care evidence to demonstrate his holistic care needs before the Home Office withdrew its refusal and indicated that the application would be granted.

Learn more

Blog post

Moving Talent, Moving Families: Navigating Family Reunification in Europe

Senior Manager Andreia Ghimis and Senior Immigration Consultant Louise Farren explore how family reunification rules across Europe can affect international moves and why employers should assess family eligibility, immigration requirements and likely timelines alongside an employee’s work authorization.

Learn more

Media mentions

Business Insider: How Would the $70,000 Fee on International Students Working in the US Impact Schools and Grads? 2 Lawyers Break It Down.

Partner Aaron Blumberg discusses how a proposed $70,000 fee for international students seeking US work authorization could affect students, universities and employers.

Learn more

Blog post

How to Qualify for Permanent Residence and Polish Citizenship

Poland Immigration Strategy Director Tomasz Rogala and Senior Associate Tomasz Rdzanek outline the principal pathways to permanent residence and Polish citizenship, including key residence, language and income considerations and potential future reforms.

Learn more

Fragomen news

Comment on USCIS Mandatory Electronic Filing RuleLearn more

Fragomen news

Fragomen Collaboration Selected as 2026 European Labour Authority Good Practice

Fragomen, together with SICPA and Deutsche Rentenversicherung Bund, has been selected by the European Labour Authority as a 2026 Good Practice for an EU-funded WE BUILD use case exploring how digital identity solutions could help transform PD A1 processes and support cross-border labour mobility in Europe.

Learn more

Media mentions

The Caterer: Right to Work Scheme: Have You Carried Out Checks on Temporary Staff?

Senior Manager Louise Senior highlights how expanded UK right to work requirements will affect hospitality businesses using temporary and contingent workers.

Learn more
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Important Updates
Important Updates
October 16, 2026 | IndiaIndia: Minimum Salary Level for Employment Visas Significantly Increased
October 16, 2026 | United StatesBusiness Insider: The Winners and Losers of the New H-1B Era
October 16, 2026 | CanadaCanada: Express Entry Changes to Prioritize High-Wage Occupations
October 16, 2026 | European UnionEuropean Union/Schengen Area: Internal Schengen Border Checks Situation
October 16, 2026 | United Kingdom, IrelandFragomen Professionals and Employee Network Shortlisted for 2027 TLC Lions Human Awards Europe
October 16, 2026 | IndiaIndia: Minimum Salary Level for Employment Visas Significantly Increased
October 16, 2026 | United StatesBusiness Insider: The Winners and Losers of the New H-1B Era
October 16, 2026 | CanadaCanada: Express Entry Changes to Prioritize High-Wage Occupations
October 16, 2026 | European UnionEuropean Union/Schengen Area: Internal Schengen Border Checks Situation
October 16, 2026 | United Kingdom, IrelandFragomen Professionals and Employee Network Shortlisted for 2027 TLC Lions Human Awards Europe
October 16, 2026 | IndiaIndia: Minimum Salary Level for Employment Visas Significantly Increased
Subscribe

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • TikTok
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.