Pursuant to the Court order in the matter of (Juyi Li v. USCIS), USCIS has extended the flexibilities for refiling rejected Form I-765, Application for Employment Authorizations for Students.
In February 2021, USCIS announced flexibilities for certain foreign students affected by delayed receipt notices for Form I-765, Application for Employment Authorization. These flexibilities apply only to applications received on or after Oct. 1, 2020, through May 1, 2021. Now this has been extended to October 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, 3021, for USCIS to treat the application as though filed on the original received date.
- Additionally, for applications received through October 31, 2021, applicants can file Form I-765 up to 120 days before the program end date.
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