At the Law Offices of Sabrina Li, our team recently assisted a client whose employment authorization was nearly derailed by a government misunderstanding. The case centered on a STEM OPT extension application that received a Notice of Intent to Deny (NOID) after USCIS incorrectly concluded that the client’s MBA degree was not in a STEM-designated field.
Although the client had completed a quantitatively intensive master’s program in business and analytics, USCIS focused solely on the degree title and overlooked the fact that the program was officially classified by the institution under a STEM-eligible CIP code recognized by the Department of Homeland Security (DHS). This narrow interpretation placed the client’s legal status and professional future in jeopardy.
Our client, a recent graduate working in a data-driven role under Optional Practical Training (OPT), received the NOID alleging that the degree did not qualify as STEM because the words printed on the diploma did not appear on the DHS STEM Designated Degree Program List.
If the Notice of Intent to Deny (NOID), the client would have been forced to stop working, lose valuable professional experience, and risk falling out of status. Faced with an urgent deadline and a technically complex issue, the client turned to the Law Offices of Sabrina Li for assistance.
Drawing on our deep experience with F-1 and STEM OPT regulations, our attorneys immediately conducted a comprehensive review of the case history, SEVIS records, and DHS guidance.
We determined that USCIS had misinterpreted its own regulation.
Our office prepared a strong, clear, and well-supported response outlining this legal framework and explaining that the degree’s quantitative curriculum fully aligned with the assigned STEM CIP code. The submission highlighted the consistency between DHS policy, academic practice, and the program’s focus on applied mathematics and analytics.
Only two days after our response was filed, USCIS reversed its position and approved the STEM OPT extension. The client’s relief was immediate, after weeks of uncertainty, they could continue their career uninterrupted and maintain lawful status in the United States. This quick turnaround underscores the importance of precise regulatory understanding and targeted advocacy. When government decisions are based on misinterpretations rather than evidence, a well-reasoned legal argument can make all the difference.
This case serves as a reminder that STEM OPT adjudications often hinge on technical regulatory nuances. Even when students and schools follow all proper procedures, agency errors can still occur. Our firm’s success in this case reflects our commitment to identifying such mistakes, clarifying the law, and protecting our clients’ educational and professional opportunities.
Led by founding attorney Sabrina Li, a State Bar of California Certified Specialist in Immigration and Nationality Law, the Law Offices of Sabrina Li is dedicated to accuracy, advocacy, and helping international students, professionals, and families overcome complex immigration challenges.
If you or someone you know has received a STEM OPT RFE or NOID, or is facing a similar issue with F-1 status, we’re here to help. Contact us at (213) 375-8096 or email info@sabrinali.law for a consultation. Together, we’ll ensure your future in the United States stays on track.
Our attorneys possess diverse immigration experience and have an in-depth understanding of the complex interplay between various immigration laws, policies, and regulations, ensuring accurate and comprehensive guidance. We offer a full range of immigration services, addressing all aspects of your case while identifying potential opportunities and challenges.
We provide a tailored approach to each client's case, ensuring that you receive individualized attention and a customized strategy for your unique situation. We adjust our strategy as your needs or circumstances change, guaranteeing a seamless transition between different phases of your immigration journey.
Our team is composed of immigrant and first-generation American professionals, along with individuals from various cultural backgrounds. Many of us have firsthand knowledge of the challenges faced during the immigration process. This allows us to provide guidance and advocacy rooted in authentic understanding.
