Tips on How to Apply for Employment Authorization Document

1. Complete the OPT Canvas course. F-1 student visa holders must complete the OPT Application Canvas Course to apply for OPT. Click the link to add yourself to the course. ISS recommends that students complete the course at the beginning of their final semester. The course covers OPT, documents, the I-765 application, and sending it to USCIS.

2. Review this document on the OPT application checklist to make sure you have all the necessary documents for the online application.

3. If you decide to file your application I-765 by mail, make sure that you are using the most updated version of the form. Click on “Edition Date” on this USCIS webpage to find the latest edition. You can find the edition date at the bottom of the page on the form and instructions.

4. If you decide to file your application I-765 by mail, you can take the required passport-size photos (2in x 2in) at a Walgreens, CVS, or Walmart. However, if you file your I-765 online, several phone app options can help you take an electronic passport-size photo for free. All you need is a white background. The photographs must not be older than six months. Some options include PhotoAiD and Passport Photo Editor. Make sure to read the instructions on how to take the photos first before you take them.

5. If you will be submitting any document as evidence that is not in English, ensure that you also submit a certified English translation. Some translation services include Rush Translate and Rapid Translate, among others.

6. If you mail your application, it is good practice to include a cover letter with your complete, legal name, date of birth, and a list of documents that you are including in your application.

7. If you mail your I-765 application, it is good practice to make a copy of your application and document packet for future reference. If you file your I-765 online, save a copy of your application.

8. If you mail your application, make sure to send it in a way that you can track delivery. You will need to check for the correct mailing address depending on the service that you will use to mail your application, and whether you are paying for premium processing or not. Check for the correct mailing address on the USCIS webpage under “Foreign Students”.

It could be a Receipt Notice:

These are usually sent within 4 to 6 weeks from when USCIS receives the I-765 application and is sent to the address listed on Form I-765. You can use the Receipt Number to check the status of your application.

It could be a Request for Evidence (RFE):

If USCIS wants more information in order to make a decision, they can send a request for evidence (RFE). Often they ask the student to provide documentation of having maintained a full course of study and questions about the use of CPT and any prior OPT. Contact ISS as soon as possible so we can determine if we can provide any information that may help you respond to the RFE. If you filed online, you can use your USCIS account to respond to the RFE.

It could be a Notice of Intent to Deny (NOID):

Do not panic! Your application has not be denied yet. Contact ISS as soon as possible so we can determine if we can provide any information that may help you respond to the NOID. If you hired an immigration attorney, then contact the attorney as well (the Emergency Resources Toolkit through the Dean of Students may help you find an attorney in your area).

It could be an Approval Notice:

The EAD card will usually arrive a few days after the approval notice.

It could be a Rejection Notice or Denial Notice:

Contact ISS immediately. We will try to help as much as we can, but you may also need to consult an immigration attorney.

Please note that all options will require you to have your receipt number. If your lawyer is calling on your behalf, they will need to have a valid G-28 on file. 1) Check the most recent USCIS Processing time. 2) Call the USCIS Contact Center at 1-800-375-5283. 3) Check the USCIS Case Status Online. 4) Use the USCIS Self Service Online Tool. 5) As a last resort, you can go to Ombudsman Case Assistance. What type of cases can the Ombudsman’s Office help with? 

If your I-765 Application has been pending less than 90 days, you can check the status of your application on the USCIS Case Status Online webpage after you receive the receipt notice. If your I-765 Application has been pending more than 90 days: 1) Depending on your service center, your case may still be within the normal processing time. Check the current processing time for your service center. 2) If your case is beyond the normal processing time you can refer to Outside Normal Processing Time. 3) Other possible delays may include: Non-Delivery of Notice, Non-Delivery of Card, or Non-Delivery of Document. 

The address on your I-765 should be valid for at least  3 months into the future. Please note that any address change can dramatically delay the receipt of your EAD card. Notify USCIS of the change of address by calling the National Customer Service Center a 1-800-375-5283. You can also notify USCIS of the change of address online. You cannot update your address online if you do not have a receipt number. Remember to update your address and phone information to ISS through myHilltop within 10 days of any change. 

DO NOT START WORKING UNTIL YOU HAVE THE EAD CARD. You need to double check the mailing address on the Form I-765 and open an inquiry with the USCIS Contact Center using the USCIS Self Service Online Tool. When USCIS receives the returned card from USPS, they will re-issue the card to the updated address. You should allow 21 days for the card to be returned to USCIS, and an additional 30 days for reissuance before re-inquiring with USCIS. If you still have not received your EAD card 30 additional days after the second inquiry, you will need to contact USCIS for proof that the card has been returned to USCIS and then can file with the USCIS Ombudsman to escalate reissuance (This is a last resort and you must have exploited all other options beforehand). If all else fails, apply for a replacement EAD card: 1) You will need to send a new Form I-765 and another filing fee to USCIS. 2) We recommend you also send copies of your previous I-797 approval notice and your I-20 with previous OPT recommendation with the application. 3) You should receive the receipt notice for the replacement within 90 days. 

Talk to your employer to see if you can work while getting the EAD corrected. Possible mistakes include: Name, Birthday, Eligibility Criteria, Start and/or end date. Keep in mind for Post-Completion OPT: your EAD CANNOT be valid for more than 12 months, and the end date CANNOT be more than 14 months past the program end date on your I-20. As for STEM OPT Extension: the start date MUST be directly after the end date of your Post-Completion OPT EAD. There CANNOT be a gap, and your EAD CANNOT be valid for more than 24 months. If USCIS made the error, you must resolve the issue as it may affect any future USCIS applications: complete the online Typographical Error Form. You will receive an email after you complete the form. Mail the EAD card back to USCIS using the directions in the email. If YOU made the error, you must apply for a replacement EAD card: 1) You will need to send a new Form I-765 and another filing fee to USCIS. 2) Include a letter of explanation detailed what error(s) you made. 3) Return the original incorrect EAD card. 4) Keep a copy of the incorrect EAD card for your records. 5)A new I-20/OPT recommendation is NOT required, as the OPT has already been approved. 

If you are still within your application window it is possible to reapply. However, if your application window has passed then unfortunately you will not be able to do OPT. The rejected applications applications are returned by the USCIS Lockbox prior to processing, are not considered properly filed, and do not establish or retain a filing date. Common reasons include form not filled out completely, signature is missing or incorrect, and fee is incorrect. If your I-765 Application is rejected, USCIS will send you a rejection notice. 

If you are still within your application window, it is possible to reapply.  However, if your application window has passed, then unfortunately, you will not be able to do OPT. These applications have undergone review by a USCIS adjudicator, and the adjudicator has found the applicant ineligible for benefits. If USCIS denies the OPT application, it should indicate the reason for the denial in a written notice sent to the student. There is no formal appeal for OPT denial, but you can discuss with an immigration attorney (the Emergency Resources Toolkit through the Dean of Students may help you find an attorney in your area). whether a motion to reopen or reconsider the decision may be warranted in your case. Challenging a denial of an OPT application cannot be filed by ISS. If the student wishes to file a motion, it must be filed within 30 days from the date of the decision (not the date he or she received the denial notice).