US Citizenship and Immigration Services (USCIS) has achieved a settlement, with a group of 18 plaintiffs, in a class of class action challenging delays in embunder opt.
The resolution provisions will also benefit the putatif class (individuals placed as such) and offer assistance to international students who charge this delay.
“Among other provisions, USCIS has agreed to try an optional practical training application (OPT) and STEM extension within 120 days for the application it was submitted before 31 October 2021,” Robert Cohen, Partners and chairs at the Law Firm with Porter Law Firms Wright Morris & Arthur, stated in his social media post.
The company represents the Plaintiff in class action settings.
In the regulation of 1992, an optional practical training program (OPT) allows international students to F-1 (Academic Learning Visa) to gain experience in specialization chosen by working for one year, usually after graduation.
Furthermore, regulations introduced in 2016, enabled STEM students (those in the field of science, technology, engineering and mathematics studies) to get the next opt ​​extension for up to 24 months.
In other words, the election available for them is three years.
The national class action lawsuit was submitted, as starting around mid-October last year, USCIS significantly slowed or stopped opening, processing, and adjusting the opt and stem extension application submitted to the Lockbox in Arizona and Texas.
Can be remembered that some international students, including those from India, have begun to tweet them and mark USCIS for Redressal.
Of some problems covered by the lawsuit, the Plaintiff stated that this would cause them to endanger them immediately and cannot be improved, because it can even cause loss of status and they will be subject to deportation of the expiration of the grace period on the date of resolving the date of their education program settlement.
Because the delay in the Plaintiff and the unnamed class members have not or will not be able to accept work offers, prospective employers will not be able to sponsor them for the H-1B lottery, they show.
The law firm that represents the Plaintiff and the US government started several months of negotiations which resulted in the approval order.
Wright Morris & Arthur porter in his post has highlighted important features of the approval order.
From the international student perspective, the main points are: 1.
For applications for opt and stem extensions submitted between before 31 October 2021, USCIS is committed to being processed within 120 days.
Processing means that the application will be approved, rejected or request proof (RFE) issued within 120 days.
2.
While relief announced on February 26, 2021, continues for all cases submitted between October 1, 2020 and 31 October 2021.
These include: – 12 full-month chooses that are released from the requirements of choosing in 14 months of graduation; – OPT will be provided for the full period recommended by DSO, regardless of the time of adjudication; – If the Employment Authorization Document (EAD) has been issued less than this period of time, USCIS will issue EAD on request; – The rejected application that was originally delivered on time can be sent back and will be processed as if it was received on the original date (the full period of choosing will be given, but the original i-20 will be received without requirements i- 20).
– Demand for evidence will be issued instead of rejection for signatures missing or less; – The OP application can be submitted up to 120 days (instead of 90) before completing the program until 31 October 2021 in accordance with the open door report, for 2019-20, almost 18% of the total international student contingent (or 1.93 lakh) comes from India.
Furthermore, 81,173 was involved in the OPT program.
While the number of students from India has declined, US education institutions still continue to attract a fair share of students.
This approval order will be a big assistance for those affected by delays.