Settlement Reached with USCIS in Class Action Suit Relating to OPT Processing Delays.

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Settlement Reached with USCIS in Class Action Suit Relating to OPT Processing Delays.

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Advantage OPT students in the class action:

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Settlement Reached with USCIS in Class Action Suit Relating to OPT Processing Delays. USCIS recently settled a class delays in the processing of Employment Authorization Document (EAD) applications for individuals in F-1 student status. to F-1 students who have been delayed in their ability to begin work following graduation due to long delays at USCIS.

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What is The Law Suit About? The OPT or the Optional Practical Training is a 1992 law that allows those on academic study or F-1 visas to work in the U in order to gain experience in their chosen eld. The 2016 order allows this OPT time to be extended for another 24 month – that is, science, technology, engineering, and math.

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A class-action lawsuit, Li v. USCIS, led in February 2021 against the U.S. Citizenship and Immigration Services (USCI alleged an impermissible delay in processing employment authorization document applications for post-graduate optiona as STEM Extension OPT. Eighteen named F-1 students who had applied or planned to apply for employment authori processing caused them and other similarly situated students irreparable harm. This harm included potentially being subje the grace period following their education program ended as well as losing job offers, income, health insurance, and opp lottery.

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Details of the USCIS Settlement 1. For applications for OPT and STEM extensions led before Oct. 31, 2021, USCIS commits to processing within 120 days. Processing means that the application will be approved, denied or an RFE issued within 120 days. 2. The Interim Relief announced on Feb. 26, 2021, continues for all cases led between Oct. 1, 2020, and Oct. 31, 2021. This includes:

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OPT will be granted for the full period recommended by the DSO, irrespective of the time of adjudication.

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If an EAD has been issued for less than these time periods, USCIS will issue a corrected EAD upon request.

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Rejected applications that were originally submitted on time can be resubmitted and will be processed as if received on the original date (the full period of OPT will be granted, but the original I-20 will be accepted without the requirement of a new I-20).

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Requests for Evidence will be issued instead of denial for missing or de cient signatures.

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OPT applications can be submitted up to 120 days (instead of 90) before completion of the program until Oct. 31, 2021.

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4. The parties agree to negotiate any issues of non-compliance in good faith. If the problems cannot be resolved, the parties may request court intervention.

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3. USCIS will provide monthly reports until all cases led before Oct. 31, 2021, have been adjudicated, to permit the court and plaintiff’s counsel to monitor compliance. The court retains jurisdiction during this time period.

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A full 12 months of OPT irrespective of the requirement OPT be completed within 14 months of graduation.

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Feb. 26, 2021: USCIS has posted an announcement to provide for a full 12 months of OPT, beginning on the date of app an academic program ended. In addition, any applications rejected between Oct. 1, 2020, and May 31, 2021, can be corre 31, 2021, with the originally issued Form I-20. Include a copy of the rejection notice so that the application can be con submission date. We will continue settlement discussions next week to address the remaining issues in this case inclu increased processing times. Follow Us : https://www.linkedin.com/company/donatotechnologies/ https://www.facebook.com/donatotechnologies https://donatotechnologies.blogspot.com/ E-Mail us at: Info@donatotech.net

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