Notice of Consent Order Providing Interim Relief to Certain Applicants Filing Form I-765 for OPT
Pursuant to a court order, USCIS extended the flexibilities for certain foreign students affected by delayed receipt notices for Form I-765, Application for Employment Authorization. These flexibilities have been extended to include applications received on or after Oct. 1, 2020, through Oct. 31, 2021, inclusive. Applicants can file Form I-765 up to 120 days before the program end date if the application is received by Oct. 31, 2021.
For applicants who timely filed Form I-765 for OPT and STEM OPT and whose applications were later rejected, USCIS will accept a refiled Form I-765 as filed on the original filing date if:
- The original, timely filed application was received on or after Oct. 1, 2020, through Oct. 31, 2021, inclusive; and
- USCIS subsequently rejected it.
Refiled applications must be received by Nov. 30, 2021, for USCIS to treat the application as though filed on the original received date.