University of Oregon International GEs have asked for advice on dealing with the current processing delays for post-completion employment authorization (EAD) approvals. This problem applies to students across the U.S. EAD applications must be sent to U.S. Citizenship and Immigration Services (USCIS) no more than 90 days before your program’s end date. USCIS must receive your application no more than 60 days after the program’s end date, but with the current delays you should definitely apply as soon as possible. For most students, your program end date is commencement. For thesis/dissertation students (students who only have the thesis or equivalent remaining) may either apply for pre-completion OPT or post-completion OPT while completing the thesis/dissertation.
The problem as of June 2019 is that the current USCIS processing time for OPT approvals is 3 1/2 – 5 months. If you have a job due to start right after graduation, this means your EAD might not arrive by that date. You can’t start your employment before your EAD arrives and your OPT date is reached. Note that elected officials have asked the Government Accounting Office (GAO) to investigate delays with EADs and many other immigration-related applications, and the GAO has agreed to do so, but this won’t solve the problem quickly. We’ve been told the USCIS service centers that process applications are shifting workloads around between centers to better meet demand, and employees are working overtime including weekends to try to clear backlogs.
What can students do?
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- Apply as early as possible;
- Talk to your employer in advance to let them know about the processing delays and see if they can be flexible about your start date;
- You might have grounds to request your application be expedited, but the grounds are specific and very few if any applicants qualify. USCIS recently updated the guidelines .
- If you have a compelling case or have waited longer than the standard wait times, contact your congressperson or Senator to request help. Choose one of these offices to work through; don’t contact all of them. They will require an authorization form to be completed. Remember there are thousands of students in your situation so don’t bombard these offices with requests for help as soon as you apply.
Senator Jeff Merkley
Senator Ron Wyden
U.S. Congressman Peter De Fazio-
- Never start work without authorization;
- Be very careful to follow all rules relating to your immigration status.
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