OPT Denial: Your Next Steps and Legal Options

For international students in the U.S., Optional Practical Training (OPT) serves as a crucial bridge between academic study and professional experience. However, an OPT denial can be an unexpected challenge, leaving students uncertain about their next steps. Understanding your options and acting quickly can help you maintain your legal status and continue pursuing career opportunities. Here’s a comprehensive guide on what to do if your OPT is denied.

Understand the Reason for Denial

The first step after an OPT denial 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 relative to your program completion date.
Incomplete or Inaccurate Application: Missing signatures, incorrect fee payments, or errors in the form can lead to denial.
Failure to Meet Eligibility Requirements: You may be ineligible if you have already used OPT at the same academic level or failed to meet other program requirements.

Understanding the exact cause of the denial will help determine your next course of action.

Determine If You Can File a Motion to Reopen or Reconsider

If you believe the denial was due to a mistake by USCIS, you may have the option to file a Motion to Reopen (MTR) or a Motion to reconsider.

Motion to Reopen: This is applicable if you have new evidence that was not available at the time of your original application.
Motion to Reconsider: If you believe USCIS misapplied the law or policy, you can request a reconsideration based on existing evidence.

To file a motion, you must submit Form I-290B, along with the required fee. Since there are strict deadlines for filing, consult with an immigration attorney or your school’s Designated School Official (DSO) immediately.

Explore Alternative Work Authorization Options

If reopening your case isn’t an option, consider other ways to obtain work authorization in the U.S.:

Day 1 CPT
Enrolling in a graduate program that offers Day 1 CPT(Curricular Practical Training) allows you to work while maintaining your student status. Our partner universities provide this option, enabling international students to gain work experience while pursuing a degree.
H-1B Visa: If you have a job offer from a U.S. employer, they may sponsor you for an H-1B visa, which allows employment in specialty occupations.
Other Visa Categories: Depending on your qualifications and career goals, you may explore other visa categories, such as the O-1 visa for individuals with extraordinary abilities or the L-1 visa for intracompany transfers.

Maintain Your Legal Immigration Status

If your OPT is denied and you do not have alternative work authorization, you need to act quickly to maintain your legal status. Options include:

Enroll in a New Academic Program: If you begin a new degree program at an accredited institution, you can maintain your F-1 student status. Some programs offer CPT, allowing you to work while studying.
Depart the U.S. Before Your Grace Period Ends: If no other options are viable, you must leave the U.S. within your 60-day grace period to avoid overstaying your visa.

Consult an Immigration Attorney

An immigration attorney can provide valuable insights and help you navigate the complexities of your case. Whether you need assistance with filing a motion, applying for a new visa, or enrolling in a CPT program, legal guidance can prevent further complications.

Stay in Communication with Your DSO

Your school’s Designated School Official (DSO) is a key resource in maintaining your status. They can provide guidance on:

Reapplying for OPT, if eligible
Exploring alternative options such as enrolling in a new program
Understanding the implications of your OPT denial and potential next steps

Conclusion

While receiving an OPT denial can be a setback, it’s not the end of your journey in the U.S. By understanding the reason for the denial, exploring options such as filing a motion, enrolling in a graduate program with Day 1 CPT, or seeking an H-1B visa, you can take proactive steps to stay on track. Consulting with your DSO and an immigration attorney will help ensure that you make informed decisions about your future.

If you're considering enrolling in a graduate program that offers Day 1 CPT, explore our accredited universities and find one that aligns with your career goals and immigration needs. Contact us today!