Flexible OPT visas for foreign STEM students in US |
The US Citizenship and Immigration Services (USCIS) has announced it would provide for greater flexibility for students to complete their optional training program or OPT, after they graduate on account of delays in processing applications. The OPT allows foreign students to work in the country for 12 months after they graduate, which must be completed within 14 months of their program ending. Students studying science, technology, engineering, and maths get an additional 24 months. The 14-month period will now commence on the date of the approval of Form I-765 which is the application for post-completion OPT for applications filed between October 1, 2020, and May 1, 2021. In the last few months, there have been several delays in processing Form I-765. In January, USCIS had said that Covid-19 restrictions had resulted in an increase in filings and this would have a delay of four to six weeks in applicants/ students getting their receipt notice after filing their petition. The agency said, “These delays are a result of COVID-19 restrictions, a dramatic increase in filings of certain benefit requests, postal service volume and delays, and other external factors. While we have made progress in addressing the problem, we are extending … flexibilities to assist certain applicants for OPT impacted by the delays.” In February, a group of 18 international students filed a lawsuit against the agency on the grounds that a delay in processing their application could cause them to lose their legal status in the country during the waiting period. In the last few years, India has been sending between 185 thousand to 200 thousand students to the US each year. In 2019/20, over 81,000 students were in the country on an OPT.
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