At the Law Offices of Sabrina Li, we specialize in helping talented international students protect their immigration status and career opportunities in the U.S., especially when USCIS decisions are based on misinterpretations of regulatory compliance. One of our recent clients, a graduate of the prestigious NYU, came to us after a devastating denial of her STEM OPT extension. With our legal team’s strategic intervention, we secure yet another win with I-290B motion to reopen and helped the client regain her work authorization and continue her professional journey in the U.S.

The Misleading RFE That Led to Denial

Following graduation with a master’s degree from NYU, the client began their post-completion OPT with an unpaid, remote internship at a nonprofit organization. She later transitioned to a full-time paid role with a U.S. financial technology company, and timely submitted her STEM OPT extension application.

Thereafter, USCIS issued a Request for Evidence (RFE) asking for documentation to establish their eligibility during the post-completion OPT period. The RFE included a suggested list of supporting evidence consisting only materials commonly associated with paid employment, such as W-2s, pay stubs, and employer letters specifying compensation details.

This framing created a misleading impression that only compensated roles were relevant. Acting in good faith, the client focused their response on their paid employment, not realizing that USCIS was also expecting documentation related to their earlier unpaid internship—an engagement that had been properly reported to SEVIS and conducted in full compliance with OPT regulations.

Due to this omission, USCIS denied the application, citing insufficient evidence of continuous employment and alleging that she had accrued more than 90 days of unemployment.

Strategic Response: Motion to Reopen

The denial forced the client to stop working immediately, interrupting her momentum at a pivotal point in her career. Seeking to correct the record, she turned to Law offices of Sabrina Li for legal support.

We filed a Motion to Reopen on behalf of our client, clarifying the misleading impression created by the RFE’s language. Our legal team carefully crafted legal arguments to emphasize that the issue stemmed not from noncompliance, but from a good-faith response shaped by the way the RFE was structured. Our submission addressed this ambiguity and included additional documentation that clarified the nature of the client’s prior engagement and reaffirmed their continued compliance with regulatory requirements. Through this effort, we worked to ensure that the case would be evaluated based on a complete and accurate picture.

When Compliance Isn't Enough: Your Rights Deserve a Second Look

This case underscores an important truth: even fully compliant, proactive students can face life-altering consequences when government instructions are vague or misleading. In this instance, it took targeted legal action to correct the record and reestablish the client’s path forward.

As immigration scrutiny continues to intensify, stories like this are becoming more common. If you’ve received an unexpected denial—or feel your case has been misunderstood—we’re here to help you assert your rights and restore your momentum.

Facing Harsher Immigration Policies as an F-1 Student?

If you or someone you know has received a denial related to STEM OPT, post-completion OPT, or other F-1 status matters—especially where the outcome may have been driven by unclear, unreasonable, or arbitrary government action— our experienced legal team can help. Our founding attorney, Sabrina Li, is certified by the State Bar of California as a specialist in immigration and nationality law. Under her experienced leadership, our legal team expertly handles complex immigration matters, offering strategic guidance and strong advocacy every step of the way. Ensure your immigration journey remains secure and successful. For dedicated representation, contact us today at (213) 375-8096 or email us at info@sabrinali.law.