One of our clients, a recent STEM OPT applicant, came to us troubled by the uncertainty of his employment authorization status due to delays in EAD card processing. This is a common pain point for many F-1 graduates transitioning to work under OPT, especially when they face USCIS processing delays that create a so-called “immigration limbo.”

Important Notice
To address this, USCIS recently updated its policy to provide certain OPT applicants with relief that effectively extends their employment authorization during EAD processing delays. Specifically, this relief applies to applicants who timely filed for STEM OPT extension and whose previous OPT authorization expired while the extension application is pending. According to 8 CFR §214.2(f)(10)(ii)(C), the applicant’s employment authorization is automatically extended for up to 180 days beyond the original OPT end date while the STEM OPT application is adjudicated [2].

From our practical experience, many clients were unaware that they could continue working during this period without violating status, which often led to unnecessary job interruptions or conservative employer policies. We recently helped a fintech client avoid a work stoppage by confirming his STEM OPT extension filing date and advising his HR to maintain payroll during the automatic extension period.

For those still on initial post-completion OPT and experiencing delays in receiving their EAD cards, USCIS also allows certain flexibility. While there is no formal automatic extension as with STEM OPT, the agency has started accepting additional evidence such as timely filing receipts and employer letters to demonstrate ongoing eligibility.

Attorney Insight
We recommend clients currently on OPT or planning to apply for STEM OPT extension to immediately:
  1. 1Verify their I-797 receipt notices and EAD expiration dates via the USCIS online case status tool.
  2. 2Provide HR with copies of timely filed STEM OPT extension applications and receipt notices to ensure continuous payroll authorization.

Additionally, clients should keep detailed records of all correspondence with USCIS and employers to respond promptly if Requests for Evidence (RFEs) arise. According to the USCIS Policy Manual (Volume 3, Part F, Chapter 3), maintaining thorough documentation is critical to overcoming employment authorization challenges [2].

While this relief primarily benefits F-1 students and recent graduates, it indirectly impacts employers, including U.S. companies sponsoring H-1B or L-1 transfers. From our perspective, ensuring continuous work authorization during OPT helps maintain workforce stability and reduces risks related to unauthorized employment.

In summary, this policy update offers a practical path to mitigate employment gaps for OPT applicants caught in USCIS processing delays. We suggest clients act proactively by checking their case status, coordinating with employers on documentation, and preparing for possible RFEs to leverage this relief fully.

What this means for you: If you or your employees are on OPT or STEM OPT, now is the time to confirm your filings and communicate with your employer to safeguard your work authorization during this transitional period.