USCIS Premium Processing for OPT and STEM OPT Applications
On March 6, 2023, USCIS announced that they would begin accepting requests for premium processing of OPT and STEM OPT applications.
If you are interested in USCIS premium processing for your OPT or STEM OPT application, please review the following guidance before acting.
USCIS is the U.S. government agency that processes immigration applications, including Form I-765 Application for Employment Authorization.
OPT and STEM OPT are forms of F-1 visa employment authorization. Detailed information about OPT and STEM OPT is available at the GEO Immigration Services website.
Detailed information about how to apply for OPT and STEM OPT is available at the GEO Immigration Services website.
To apply for OPT or STEM OPT, you need to:
- Obtain an updated I-20 from GEO marked for OPT or STEM OPT, and
- Submit the I-20 to USCIS as part of your Form I-765 Application for Employment Authorization.
For OPT or STEM OPT, you must indicate one of the following eligibility codes on the I-765:
- (c)(3)(A) for Pre-Completion OPT, or
- (c)(3)(B) for Post-Completion OPT, or
- (c)(3)(C) for STEM OPT
In the guidance below, the terms OPT application and STEM OPT application refer to the I-765 Application for Employment Authorization filed with USCIS including the fees, I-20, and other materials submitted with the I-765.
USCIS normal processing times vary by application type and other factors.
As of March 8, 2023, the current USCIS normal processing time for an OPT or STEM OPT application is 2 months. USCIS normal processing times are subject to change without notice.
To determine the current normal processing time for an OPT or STEM OPT application:
Go to the USCIS Processing Times website.
Select "Form I-765"
Select “Based on a request by a qualified F-1 academic student”
Select "Potomac Service Center"
If you need USCIS OPT or STEM OPT approval sooner than can be provided by normal processing, you may want to consider filing your application for USCIS premium processing.
USCIS premium processing is an optional service that allows USCIS to process an application within (up to) 30 calendar days from the day they receive the request for premium processing.
USCIS does not require you to file your OPT or STEM OPT application for premium processing.
Unless you need USCIS OPT or STEM OPT approval sooner than can be provided by normal processing, there may be no reason to file your application for premium processing.
Common reasons for using premium processing include:
- You are starting (or continuing) an OPT or STEM OPT training (job) and you need USCIS to complete the processing of your application sooner than they would under normal processing.
- Peace of mind. You may find it comforting to have your OPT or STEM OPT application processing completed sooner than it could be under normal processing.
For OPT and STEM OPT premium processing, USCIS guarantees they will process the application within (up to) 30 calendar days of receipt of the premium processing request.
Calendar days means consecutive days without regard for weekends or holidays. Example: 30 calendar days from Tuesday, June 1, 2023 is Friday, June 16, 2023—that is, 30 days.
In some premium processing cases, USCIS completes the processing of OPT or STEM OPT applications in fewer than 30 days. In some cases, they take up to the full 30 days.
No. USCIS does not guarantee approval of any application whether filed for normal or premium processing.
With premium processing, USCIS guarantees that they will process the application within 30 days of their receipt of the request for premium processing.
It’s important to understand what USCIS means here.
To USCIS, processing means reviewing your application up until one of the following points:
- Approval of your application
- Request for Evidence (RFE) for your application
- Denial of your application
Approval
Approval means that USCIS has finished reviewing your OPT or STEM OPT application and they have approved the application. They will produce an Employment Authorization Card (EAD) and send it to you by regular U.S. mail at the mailing address you provided on the OPT or STEM OPT application.
Request for Evidence
Request for Evidence (RFE) means that while reviewing your OPT or STEM OPT application, USCIS discovers that it has concerns about your application. They will pause their review of your application until you can address their concerns.
Common reasons for an RFE include:
- Are you eligible for OPT or STEM OPT based on your personal F-1 visa history?
- Did you complete the I-765 form properly?
- Did you submit the required materials to them with the I-765?
Denial
Denial means that USCIS has finished your OPT or STEM OPT application (including any RFE response) and they have denied the application. They will send a denial letter to you regular U.S. mail at the mailing address you provided on the OPT or STEM OPT application. The denial letter will explain the reason for their denial and indicate your post-denial options (appeal, refiling, etc.).
An RFE for your OPT or STEM OPT application creates a delay in USCIS’ processing of your application—even if it was filed for premium processing.
The delay created by an RFE can be significant. Here is what happens during an RFE process:
- USCIS will send an RFE (letter) to you by regular U.S. mail at the mailing address you indicated on the OPT or STEM OPT application. They will not send the RFE to your employer or to VCU. They will send the RFE only to you.
- The RFE will list USCIS’ concerns about your application, explain how you must respond to their concerns, and state a deadline by which you must respond to the RFE.
- On the day USCIS issues the RFE (sends the letter) they will pause their review of your application—even if the application was filed for premium processing.
- Responding to an RFE can be time-consuming for you. If the RFE is simple, you may be able to respond to it in a few days. If the RFE is complicated, you may need several days (or more) to craft your response.
- USCIS will resume their review of your application only after you have responded to the RFE—and they determine that you have effectively addressed their concerns.
- When they resume reviewing your application, USCIS will start the 30-day premium processing clock over again from then beginning.
Example:
If USCIS issues an RFE on day 12 of your 30-day premium processing clock, they will pause reviewing your application. When they resume reviewing your application, they will not resume processing from day 12. They will start your 30-day premium processing clock all over again and resume processing as if the day you responded to the RFE were day one of a new 30-day premium processing clock.
If USCIS approves your OPT or STEM OPT application, they:
- May (in most but not all cases) send a courtesy approval email to you. This email is a customer service courtesy and cannot be used to authorize employment.
- May (in most but not all cases) update your case on their Case Status Update. This online update is customer service courtesy and cannot be used to authorize employment.
- May (in most but not all cases) send a Form I-797 approval notice to you by regular U.S. mail at the mailing address you provided on the OPT or STEM OPT application. The I-797 approval notice is a customer service courtesy and cannot be used to authorize OPT employment. It may, under certain circumstances, be used to authorize STEM OPT employment for a limited time.
- Will send an EAD to you by U.S. mail at the mailing address you provided on the OPT or STEM OPT application. The EAD (the card itself) can be used to authorize OPT or STEM OPT employment.
USCIS will not send any email, approval notice, or EAD to VCU or to your employer. They will send these things only to you.
USCIS uses regular U.S. mail for the I-797 approval notice and the EAD.
This means there is a gap between the day USCIS approves your OPT or STEM OPT application—and your receipt of the EAD by U.S. mail.
The gap between OPT or STEM OPT approval and your receipt of the EAD via U.S. mail could be 7-10 business days or even longer.
There is no way to know in advance if your OPT or STEM OPT application will be denied, or what post-denial options USCIS offers to you.
USCIS charges filing fees to process applications. Their filing fees vary by application type.
The current filing fee for an OPT or STEM OPT application is $410. That fee covers normalUSCIS processing time of 2-3 months.
Premium processing fees vary by application type and they are always in addition to the USCIS filing fee.
The premium processing fee for an OPT or STEM OPT application is $1,500. The $1,500 premium processing fee is in addition to the $410 filing fee.
That means a premium processed OPT or STEM OPT application will cost $1,910 in combined filing ($410) and premium processing ($1,500) fees.
You pay the $410 OPT or STEM OPT application when you file the OPT or STEM OPT application with USCIS.
An employer may choose to reimburse you for the $410 OPT or STEM OPT filing fee—if the employer chooses to do so. There is no legal requirement that the employer pay your OPT or STEM OPT filing fee.
You pay the $1,500 premium processing fee when you submit a request to USCIS for premium processing.
An employer may choose to reimburse you for the $1,500 premium processing fee—if the employer chooses to do so. There is no legal requirement that the employer pay your premium processing fee.
Once USCIS has accepted the filing or premium processing fee, the fees are not refundable. The only exceptions to this would be:
- If USCIS failed to process the application at all, you could request a refund of the filing fee ($410).
- If USCIS fails to process the premium processing application within 30 days, you could request a refund of the premium processing fee ($1,500). Remember: The premium processing fee is not a guarantee of an approval within 30 days. It is a guarantee to process the application within 30 days. That could mean an approval within 30 days—or it could mean issuance of an RFE or denial within 30 days.
USCIS does not eagerly or easily refund fees. Even if you are due a refund, you should not expect the refund to be provided quickly. You should be prepared to wait several months for USCIS to refund a fee (assuming they agree to do so).
To request premium processing for your OPT or STEM OPT application, you need to submit a Form I-907 Request for Premium Processing via your USCIS online account.
- Beginning March 6, 2023, you can file an I-907 for an OPT or STEM OPT application already in process at USCIS.
- Beginning April 3, 2023, you can file an I-907 for an OPT or STEM OPT application if you file the I-907 with the I-765 application.
You have the option to file your I-907 in hard copy (form printed out and sent to USCIS by courier or U.S. mail) but doing so will delay USCIS’ receipt of the premium processing request—and thus delay the start of premium processing.