At the Law Offices of Sabrina Li, we take immense pride in resolving complex challenges and creating success stories. Recently, we helped an international student overturn an alarming OPT denial that threatened her career. Through meticulous legal work and unwavering support, we succeeded in enabling her to pursue her professional aspirations. We are excited to share her inspiring story with you.  

From Denial to Approval: A Journey of Persistence

An international student, who recently graduated with a Bachelor of Science degree in Cellular Molecular and Developmental Biology, faced a daunting challenge when her I-765 application for post-completion Optional Practical Training (OPT) was denied by USCIS. The denial was due to the application being submitted beyond the 30-day deadline from the Designated School Official (DSO) recommendation entry in the SEVIS record. This setback threatened the student's ability to continue their career in the United States, putting their future aspirations at risk.

Strategic Legal Approach: I-290B, Motion to Reopen

Upon reviewing the case, we discovered that extraordinary circumstances had significantly impacted the student's ability to meet the filing deadline. A severe car accident and subsequent health issues, including post-traumatic stress disorder (PTSD) and Attention Deficit Hyperactivity Disorder (ADHD), had disrupted the student's ability to manage daily tasks and adhere to the OPT filing timeline.

In response to the student's situation, our legal team promptly assembled a comprehensive I-290B Motion to Reopen, meticulously compiling critical evidence to illustrate the gravity of the circumstances and the sympathetic reasons for the delay. Our attorney meticulously crafted an argument that highlighted the extraordinary nature of these circumstances, demonstrating the student's continuous effort to maintain their status and their commitment to contributing to the scientific community.

Achieving a Favorable Outcome

Our strategic approach and comprehensive preparation led to a remarkable outcome. Within two months of filing, USCIS issued a decision granting the motion, along with simultaneous approval for the student's I-765 application for OPT employment authorization. This decision allowed the student to continue their professional journey in the United States.

A Lesson for International Students: Timely Filing of OPT Applications

As an international student planning to apply for OPT, it is crucial to adhere to the filing timelines to avoid complications:

1. 90-60 Filing Window: The filing window for I-765 Application for OPT opens 90 days prior to the program end date, and closes 60 days after the program end date.

2. 30-Day Rule: Ensure your Designated School Official (DSO) enters the OPT recommendation in your SEVIS record. Submit your I-765 application within 30 days of the OPT recommendation entry in SEVIS.

3. Early Preparation: Start gathering required documents and information early to avoid last-minute delays.

4. Seek Guidance: Consult with your DSO or an experienced immigration attorney if you encounter any issues or have questions about the process.

Adhering to these steps can help ensure a smoother OPT application process and reduce the risk of denial due to filing deadlines.

Need Help with OPT or STEM OPT Denial?

If you or someone you know is facing a similar issue, the Law Offices of Sabrina Li is here to help. Our founding attorney, Sabrina Li, is certified by the State Bar of California as a legal specialist in immigration and nationality law. Under her leadership, our legal team is well-versed in handling complex immigration matters. We have a proven track record of successfully reversing OPT and STEM OPT denials. Contact us at (213) 375-8096 or email info@sabrinali.law. Our team is dedicated to providing the support and expertise needed to navigate these challenging issues. Don't hesitate to reach out; we're here to help you achieve your goals.