Trump 2.0 F-1 OPT Rules Changes?
OPT are crucial for F-1 students wanting work experience in the U.S. The SEVIS termination issue affecting OPT/STEM OPT students has sparked greater curiosity about the rules and processes for OPT applications. Students commonly look up OPT application (EAD application), Form I-765, OPT denial, and CPT rules to navigate these intricacies. Understanding CPT/OPT requirements is essential for students aiming for successful applications.
OPT Application (Form I-765) Issues
Process & Requirements
F-1 students seeking CPT/OPT (pre-completion, post-completion, or the 24-month STEM extension) must file Form I-765, Application for Employment Authorization, with U.S. Citizenship and Immigration Services (USCIS).
This process involves obtaining a recommendation from their DSO, who endorses their Form I-20 and updates SEVIS.
Strict filing deadlines apply for CPT/OPT:
- For post-completion OPT, the application must be received by USCIS no earlier than 90 days before the program end date and no later than 60 days after the program end date, and crucially, within 30 days of the DSO’s recommendation in SEVIS.
- For STEM OPT, the application window is up to 90 days before the current OPT EAD expires and within 60 days of the DSO recommendation.
Required documentation typically includes the endorsed I-20, passport photos, filing fee, and potentially other items like previous EADs or transcripts.
The relatively recent option to file Form I-765 online for CPT/OPT categories may also be a source of queries. It is not uncommon for DSOs to fail to answer promptly or even to ghost students. These are significant DSO issues that can lead to unnecessary stress for students. Therefore, it is best not to wait until the last moment for important requests.
Common Rejection and Denial Reasons
Given the high stakes of obtaining work authorization, searches related to “OPT denial reasons” or “I-765 rejected OPT” are expected to be prevalent. Analysis of forum discussions and resource materials reveals common pitfalls:
- Timeliness: Missing the critical filing windows (90 days before/60 days after program end; within 30/60 days of DSO recommendation) is a frequent cause of denial.
- Form Errors: Submitting an outdated version of Form I-765, failing to sign the form, missing information, or selecting the incorrect eligibility category (e.g., not using (c)(3)(A) for pre-completion, (c)(3)(B) for post-completion, or (c)(3)(C) for STEM OPT) can lead to rejection or denial.
- Payment Issues: Incorrect fee amount, bounced checks, or failed credit card transactions result in rejection.
- DSO/I-20 Errors: Applying before the DSO has made the recommendation in SEVIS, submitting an I-20 that is older than the 30/60 day limit, or errors on the I-20 itself can cause denial. Students are advised to verify DSO actions.
- Eligibility Issues: Applying for OPT after having already used it at the same degree level, having accrued 12 months or more of full-time CPT at the same level, or not meeting the one-full-academic-year requirement (potentially due to a prior SEVIS termination resetting the clock) are grounds for denial.
- STEM OPT Specific Issues: Failure of the employer to be enrolled in E-Verify or submission of an inadequate Form I-983 Training Plan can lead to denial.
Consequences: Rejection vs. Denial
Understanding the implications of rejection (application returned, fee usually not processed, chance to refile if within deadlines) versus denial (application processed and deemed ineligible, fee kept, limited appeal options, potential need to depart) is crucial.
A denial after the 60-day grace period typically eliminates the possibility of reapplying for OPT for that degree level.
OPT Maintenance & Reporting
What is the SEVP Portal?
If you are approved for OPT or STEM OPT, you will get access to the SEVP Portal starting from your EAD card’s start date. This is an official government website where you are required to report your employer’s details and any changes to your U.S. address. Keeping this information current in the portal is a key part of maintaining your F-1 status while on OPT.
Portal vs. DSO Reporting
Portal vs. DSO Reporting: Sometimes students are unsure if they should report changes in the portal and also tell their DSO, or just do one. The official rule is to report changes to your DSO, but the portal was made so students could update employment and address info directly. Because schools might have different processes, it’s best to ask your DSO exactly how they want you to report changes. Making sure your information gets updated correctly in the SEVIS system within 10 days, whether through the portal or your DSO, is essential to avoid problems with your F-1 status
Unemployment Limits
A major source of anxiety and potential status violations is the limit on unemployment days during post-completion OPT: 90 days cumulative for standard OPT, and an additional 60 days (150 total) for those on the STEM extension. Days begin accruing from the EAD start date.
Exceeding these limits constitutes a status violation and can lead to automatic SEVIS termination. Searches likely focus on “OPT unemployment rules,” “how many unemployment days OPT,” and “consequences of exceeding OPT unemployment.”
Job Relevance
Employment undertaken during OPT must be directly related to the student’s major field of study and appropriate for the degree level. The burden of proof lies with the student if questioned by immigration authorities. This requirement likely generates searches such as “OPT job related to major” or “STEM OPT eligible jobs.”
Curricular Practical Training (CPT) Scrutiny
“Day 1 CPT”
Programs advertised as offering CPT authorization from the very beginning of a master’s or doctoral program (“Day 1 CPT”) are a significant topic of discussion and likely search interest. These are often pursued by students seeking to maintain work authorization after OPT expires or while navigating the H-1B lottery system. While potentially legal if structured correctly as an integral part of the curriculum, these programs face heightened scrutiny.
University Investigations and Fraud Concerns
Some universities have been mentioned in relation to investigations, accreditation issues, or concerns about the legitimacy of their CPT offerings. Concerns exist about “visa mills” or schools potentially exploiting CPT rules for profit, sometimes with low academic standards or questionable accreditation. ICE has previously conducted sting operations targeting such fraudulent schools. This history likely fuels searches for “Day 1 CPT safe universities,” “SEVP investigation CPT,” or specific university names plus “CPT.”
Impact on OPT Eligibility
It is vital for F-1 students to comprehend the impact of full-time CPT on their OPT eligibility. An important guideline to remember is that having 12 months or more of full-time CPT at a particular degree level makes them unable to apply for OPT at that same level.
Part-time CPT does not impact OPT eligibility. This rule often causes confusion and prompts searches. To remain compliant, students must consistently check current information on OPT/CPT from trustworthy sources.
Policy Uncertainty & SEVIS Termination Context
The broader political climate, including potential changes under the current administration regarding immigration enforcement and work authorization programs, contributes to anxiety. Threats to limit or eliminate CPT/OPT have been voiced previously and resurface periodically. This likely prompts searches about the future of these programs.
The recent SEVIS termination crisis serves as a stark reminder of the precariousness of F-1 status. This heightened sense of risk inevitably spills over into concerns about CPT/OPT compliance.
Students who witnessed peers lose status abruptly, sometimes for minor or unclear reasons, are likely to be more diligent—and anxious—about ensuring their own practical training applications and reporting are flawless.
Simultaneously, the intense competition for H-1B visas and the desire for U.S. work experience create strong demand among international students for continuous work authorization. This demand fuels the market for programs offering immediate CPT, such as Day 1 CPT. However, the regulatory requirement that CPT be “an integral part of an established curriculum” can be challenging to meet for programs primarily designed to facilitate work rather than academic integration. This tension between student demand and regulatory constraints creates an environment where some institutions might push boundaries, leading to increased scrutiny from agencies like SEVP/ICE and potential risks for students enrolling in such programs, as evidenced by past sting operations and current investigations.
Table: Common Reasons for Form I-765 (OPT/STEM OPT) Rejection or Denial
| Reason for Rejection/Denial | How to Avoid/Mitigate |
|---|---|
| Timeliness Issues | |
| Filed too early (>90 days before program end/completion) | Carefully calculate the earliest filing date based on your I-20 program end date or expected completion date. Do not submit before this date. |
| Filed too late (>60 days after program end/completion) | Be aware of the strict 60-day deadline post-completion. Submit application well before this date. |
| Filed >30 days after DSO recommendation (Post-Completion OPT) | Submit the I-765 to USCIS within 30 days of the date the DSO recommended OPT on your I-20 and updated SEVIS. Request a new OPT I-20 if this window is missed. |
| Filed >60 days after DSO recommendation (STEM OPT) | Submit the I-765 to USCIS within 60 days of the date the DSO recommended STEM OPT on your I-20 and updated SEVIS. Request a new STEM OPT I-20 if this window is missed. |
| Form I-765 Errors | |
| Missing Signature | Ensure you physically sign the printed form in black ink, or provide a valid electronic signature if filing online. |
| Outdated Form Version | Always download the latest version of Form I-765 directly from the USCIS website before completing it. |
| Incorrect Eligibility Category | Enter the correct code: (c)(3)(A) for Pre-Completion OPT, (c)(3)(B) for Post-Completion OPT, (c)(3)(C) for STEM OPT Extension. |
| Incomplete/Incorrect Information | Fill out all applicable fields accurately. Double-check names, dates, SEVIS ID, I-94 number, previous CPT/OPT details. |
| Payment Issues | |
| Incorrect Fee Amount | Verify the current I-765 filing fee on the USCIS website before submitting payment. |
| Payment Method Failure (bounced check, declined card) | Ensure sufficient funds are available. Consider using a money order or cashier’s check for mail filings. |
| DSO/SEVIS/I-20 Issues | |
| Application filed before DSO recommendation in SEVIS | Confirm with your DSO that the OPT recommendation has been entered in SEVIS before submitting Form I-765. |
| Submitted I-20 is too old (>30 days for Post, >60 days for STEM) | Ensure the OPT-endorsed I-20 submitted with the application was issued within the required timeframe (30 days for Post-Completion, 60 days for STEM). |
| DSO Error on I-20 or in SEVIS | Carefully review the OPT I-20 provided by your DSO for accuracy (dates, degree info, etc.). Communicate proactively with your DSO. |
| Eligibility Issues | |
| Insufficient Time in F-1 Status (<1 full academic year) | Ensure you have completed at least one full academic year (approx. 9 months) in valid F-1 status before OPT start date. Prior SEVIS termination may reset this clock. |
| Prior OPT Used at Same Degree Level | OPT is generally limited to once per degree level (Bachelor’s, Master’s, PhD). You cannot get OPT for a second Master’s if you used it for the first. |
| Exceeded Full-Time CPT Limit (>=12 months) | Track your full-time CPT usage carefully. Accruing 12 months or more of full-time CPT at your current degree level makes you ineligible for OPT at that same level. |
| STEM OPT Specific Issues | |
| Employer Not E-Verified | Confirm your employer is enrolled in and in good standing with the E-Verify program before applying. |
| Inadequate/Missing Form I-983 Training Plan | Work with your employer to complete Form I-983 accurately and ensure the training plan is robust and directly related to your STEM degree. |
| Job Not Directly Related to STEM Degree | Ensure the job duties clearly align with your qualifying STEM degree field. |
| Degree Not on STEM Designated Degree Program List | Verify your degree’s CIP code is on the official DHS STEM Designated Degree Program List. |
| School Not Accredited at Time of Application | Ensure the school granting the STEM degree was accredited by a recognized agency at the time the DSO recommended STEM OPT. |
(Note: This table summarizes common issues based on provided resources. Always refer to official USCIS instructions and consult with your DSO or an immigration attorney for specific guidance.)
See Action Plan Resources for F-1 Students
Disclaimer: The information provided on this website is for general informational purposes only, and does not constitute legal advice. Immigration laws and policies change frequently. Please consult with a qualified immigration attorney or your Designated School Official (DSO) for advice regarding your specific situation.