SEVP modifies temporary exemptions for nonimmigrant students taking online courses during fall 2020

U.S. Citizenship and Immigration Services announced today that certain foreign students can now file Form I-765, Application for Employment Authorization, online. 

F-1 students seeking optional practical training (OPT) directly related to their major area of study are eligible to apply for employment authorization online if they are filing under one of these categories:

  • (c)(3)(A) – Pre-Completion OPT;
  • (c)(3)(B) – Post-Completion OPT; and
  • (c)(3)(C) – 24-Month Extension for science, technology, engineering and mathematics (STEM) students.

Online filing allows applicants to submit forms electronically, check the status of their case online, and receive online notices from USCIS. Until now, all applicants filed a paper Form I-765. By offering F-1 students the option to file the Form I-765 online, USCIS continues to make the process of applying for immigration benefits efficient, secure and convenient for more applicants.

To file the Form I-765 online, eligible F-1 students must first visit my.uscis.gov, to create a USCIS online account. There is no cost to create an account, and the account offers a variety of features, including the ability to communicate with USCIS about your application, through a secure inbox.

USCIS will conduct public engagements and other outreach activities to ensure that eligible F-1 students are familiar with the features of an online account, including how to apply for an employment authorization document online.

The option to file Form I-765 online is only available to F-1 students filing Form I-765 for OPT. All other applicants must continue to file the paper Form I-765. If an applicant submits Form I-765 online to request employment authorization on or after April 15, under categories (c)(3)(A), (c)(3)(B), or (c)(3)(C) when they are eligible for a different employment authorization category, USCIS will deny the application and retain the fee.

USCIS is committed to using innovation and technology to meet the needs of all applicants and petitioners. As USCIS continue our transition to paperless operations, USCIS will work to expand online filing of Form I-765 to additional categories.

Applicants who file the paper Form I-765, or any other USCIS form, can still create an online account to track the status of their form throughout the adjudication process, even if they did not file the form online.

USCIS now has 11 forms available to file online which can all be found on the Forms Available to File Online page. 

To file these forms online, individuals must first create a USCIS online account at myaccount.uscis.gov. This free account allows them to: 

  • Submit their forms; 
  • Pay their fees; 
  • Track the status of their case; 
  • Communicate with USCIS through a secure inbox; and  
  • Respond to requests for evidence. 

USCIS Link: https://www.uscis.gov/news/news-releases/f-1-students-seeking-optional-practical-training-can-now-file-form-i-765-online

If you should have any questions or need more information about the ways in which the U.S. Immigration and Nationality Laws may impact you, your family, your friends or your colleagues, please contact the U.S. Immigration and Nationality Lawyers at the NPZ Law Group – VISASERVE – U.S. Immigration and Nationality Lawyers by e-mailing us at info@visaserve.com or by calling us at 201-670-0006 (x104). You can also visit our Law Firm’s website at www.visaserve.com